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› $150,000,000 verdict in personal injury case
Women who take breast cancer drugs Arimidex or generic tamoxifen and suffer with menopausal symptoms such as hot flashes, night sweats or painful joints may be less likely to have a reoccurrence of their cancer tumors, according to Reuters.
Once thought of as a cure-all for a host of menopausal symptoms with benefits ranging from increased bone strength and protection against heart disease, hormone replacement therapy (HRT) continues to come under fire for causing more harm than good. Now researchers believe that women who survived breast cancer and then took HRT to relieve menopause symptoms may be at a significantly higher risk for breast cancer recurrence, according to Natural News.
Medications typically taken for pain relief may help reduce the risk of some breast cancers, according to a recent article in the Journal of the National Cancer Institute.
Researchers analyzed data from 38 observational studies involving more than 2.7 million women to see whether taking non-steroidal anti-inflammatory drugs (NSAIDs), such as aspirin and ibuprofen, reduced risk of breast cancer. Inflammation may be a risk factor in cancer, the report says.
October is breast cancer awareness month, which makes it a perfect time for women currently taking or considering taking hormone replacement therapy (HRT), to assess their breast health.
Drug maker Wyeth has developed and is actively testing a new drug to treat menopause. The drug, named Aprela, has shown favorable results in the initial studies. Current evidence gathered in the study suggests that the drug may pose fewer risks and milder side effects than Prempro and Premarin, Wyeth’s other menopause drugs.
A Jasper County woman has filed a federal lawsuit against Pfizer and Wyeth, claiming the hormone therapy drugs manufactured by the pharmaceutical companies caused her breast cancer.
Scharlotte Fitzgerald says she began taking hormone replacement drugs in 1994. In 2001 she was diagnosed with breast cancer.
Fitzgerald and her husband Larry filed a personal injury suit against the drug companies in the Beaumont Division of the Eastern District of Texas on Nov. 2. They are seeking in excess of $75,000 in damages.
“This lawsuit asserts claims for negligence; strict product liability for failure to warn, strict product liability for design defect; and breach of implied warranty against the defendants responsible for the design, manufacture, production, testing, study, inspection, mixture, labeling, marketing, advertising, sales, promotion and/or distribution of those hormone therapy products that caused her breast cancer,” the plaintiffs’ original complaint states.
The plaintiffs’ claim that the defendants had an obligation to provide warnings about risks and side effects of their hormone therapy drugs as soon as it was aware of them. The suit alleges that the drug companies failed to disclose “an increased incidence and risk of strokes, blood clots, heart attacks, breast cancers and ovarian cancer from these drugs.”
Plaintiffs also assert that the defendants made claims regarding health benefits of the drugs and should have known “that these claims were false and misleading.”
The defendants also gave a false impression that adequate pre-marketing clinical testing and research and post-marketing surveillance had been done, the plaintiffs claim.
“Plaintiff would not have ingested the hormone therapy drugs … or would have discontinued their use, or would have used safer alternative methods, had defendants disclosed the true health consequences, risks, and adverse effects, including the increased incidence and risk of breast cancer and other illnesses, caused by their hormone drugs,” the complaint states.
In the first claim against defendants, the plaintiff alleges that the companies were negligent by failing to exercise reasonable care in designing, manufacturing, testing and distributing the hormone replacement drugs.
“Defendants knew or should have known that their hormone therapy drugs caused unreasonable harm and dangerous side effects that many users would be unable to remedy by any means,” the petition states. “Despite this, defendants continued to promote and market their hormone therapy drugs for use by consumers, including plaintiff, when safer and more effective methods of countering the negative health effects of menopause were available.”
The petition also includes claims for strict liability through failure to warn and design defect.
“These hormone therapy drugs were each dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchased them,” the suit says. “They were more dangerous than plaintiff contemplated. The risk of each of these hormone therapy drugs outweighs its utility.”
The companies also breached implied warranty, the suit said, because the sold the drugs as being of “merchantable quality and safe and fit for their intended use.”
Scharlette Fitzgerald is seeking damages to exceed $75,000, attorney fees, costs of suit and other relief that the court may deem just and proper.
Her husband, Larry Fitzgerald is also seeking monetary damages for his loss of spousal services, society and companionship.
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