On February 25, 2008, the jury awarded the plaintiff $2.75 million in compensatory damages against Wyeth and co-defendant Upjohn. After a second phase of the trial, the jury subsequently awarded $19.36 million in punitive damages against Wyeth and $7.7 million against Upjohn. The plaintiff alleged that she developed breast cancer from the use of Premarin and Prempro, products marketed by Wyeth. Premarin (conjugated estrogens tablets) and Prempro (conjugated estrogens/medroxyprogesterone acetate tablets) are approved by the FDA as safe and effective when used as indicated.
Lyn Pruitt, an attorney with Mitchell, Williams, Selig, Gates & Woodyard, a firm representing Wyeth in the case, said: “There is no basis in fact or law for this award or for the earlier compensatory damage award. We will pursue several post-trial motions and will ultimately appeal the entire case if necessary.”