Law.com - Nevada Cancer Patient Reaches Accord With Wyeth in Prempro Case: "Nevada Cancer Patient Reaches Accord With Wyeth in Prempro Case
The Associated Press
October 6, 2006
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Placitella comment: this is an extremely important development in this litigation. Stay tuned for the next round.
The same day a Philadelphia jury ruled that a hormone replacement drug at least partially caused a woman's breast cancer, a Reno woman who is dying of the disease reached an out-of-court settlement with the New Jersey-based drug maker.
Just two days before her trial was to begin, Carol McCreary and Wyeth Pharmaceuticals told Washoe District Judge Robert Perry on Wednesday they have resolved the case. Both sides agreed that the terms of the settlement will remain confidential.
Earlier Wednesday, the Philadelphia jury awarded Jennie Nelson, 66, of Dayton, Ohio, $1 million and her husband $500,000 in compensatory damages. The panel must return to determine whether Wyeth is liable for damages.
Nelson had taken Prempro for five years to treat menopausal symptoms before being diagnosed with breast cancer in 2001.
'Other plaintiffs lawyers will see this as an indication that it's possible to prove causation in a Prempro case, and that will be encouraging to plaintiffs and unwelcome news for Wyeth,' Seton Hall law professor Howard M. Erichson said.
'But ultimately, if Wyeth prevails in the second phase, then Weyeth will be 2-and-0 in the Prempro litigation and that will be the significant news,' he said.
Madison, N.J.-based Wyeth won the first Prempro case last month when a federal jury in Little Rock, Ark., rejected a similar claim filed by a 67-year-old woman there.
About 5,100 women have filed suits over Wyeth hormone drugs Premarin and Prempro, but just a handful are scheduled for trial this year. The Philadelphia case is the second to go to trial. Mc"
The Associated Press
October 6, 2006
Printer-friendly Email this Article Reprints & Permissions
Placitella comment: this is an extremely important development in this litigation. Stay tuned for the next round.
The same day a Philadelphia jury ruled that a hormone replacement drug at least partially caused a woman's breast cancer, a Reno woman who is dying of the disease reached an out-of-court settlement with the New Jersey-based drug maker.
Just two days before her trial was to begin, Carol McCreary and Wyeth Pharmaceuticals told Washoe District Judge Robert Perry on Wednesday they have resolved the case. Both sides agreed that the terms of the settlement will remain confidential.
Earlier Wednesday, the Philadelphia jury awarded Jennie Nelson, 66, of Dayton, Ohio, $1 million and her husband $500,000 in compensatory damages. The panel must return to determine whether Wyeth is liable for damages.
Nelson had taken Prempro for five years to treat menopausal symptoms before being diagnosed with breast cancer in 2001.
'Other plaintiffs lawyers will see this as an indication that it's possible to prove causation in a Prempro case, and that will be encouraging to plaintiffs and unwelcome news for Wyeth,' Seton Hall law professor Howard M. Erichson said.
'But ultimately, if Wyeth prevails in the second phase, then Weyeth will be 2-and-0 in the Prempro litigation and that will be the significant news,' he said.
Madison, N.J.-based Wyeth won the first Prempro case last month when a federal jury in Little Rock, Ark., rejected a similar claim filed by a 67-year-old woman there.
About 5,100 women have filed suits over Wyeth hormone drugs Premarin and Prempro, but just a handful are scheduled for trial this year. The Philadelphia case is the second to go to trial. Mc"
posted by Chris Placitella | 6:36 AM
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