PHILADELPHIA, Oct. 11 /PRNewswire/ -- A mistrial has been declared in the case against Wyeth , after a Philadelphia jury had found that Prempro was a "factual" cause in the plaintiff's breast cancer. Over 5,000 cases are pending.
"Immediately upon receiving the jury's verdict, Wyeth began trying to get it set aside," said Tobias Millrood of the law firm Schiffrin & Barroway, co-counsel for Jennie Nelson, the 66 year-old plaintiff. "If Wyeth thinks this a victory, it is sadly mistaken."
Earlier this month, the Philadelphia jury found that Wyeth's Prempro hormone replacement therapy drug was a certain cause in the breast cancer of Ms. Nelson and awarded $1.5 million in compensatory damages.
Before the jury was able to decide in the second phase of litigation, whether or not the plaintiff had been properly warned, the Honorable Norman Ackerman declared the mistrial, causing the first phase of litigation to be thrown out.
"Wyeth continues to ignore good science to the detriment of millions of women who have taken and are taking Wyeth's drug. Prempro is clearly a carcinogen. No responsible company would continue to ignore not only this jury verdict, but every current scientific study," said Ken Suggs, of the Baltimore, MD, law firm, Janet, Jenner, & Suggs, also representing Jennie Nelson.
"It was Wyeth's plan," continued Suggs, "to get every woman in America on this drug, for the rest of their lives. To do that, they claimed totally unproven and illusory benefits, and ignored real risks, often illegally marketing their drug for off-label uses."
The trial began on September 13, 2006 in the Philadelphia Court of Common Pleas. A recent government study showing a link between the drugs and increased risk for the diseases prompted many of the 5,000 suits.
"It is very regrettable that extraneous circumstances have lead to a mistrial," said Millrood. "We are confident that when the case comes before a new jury, Wyeth's culpability will again be found."
About Schiffrin & Barroway, LLP
Schiffrin & Barroway, LLP, comprised of over fifty attorneys, has specialized in prosecuting complex class action litigation for nearly twenty years. During this time, Schiffrin & Barroway has recovered billions of dollars on behalf of its clients and the classes they represent. Schiffrin & Barroway has developed a worldwide reputation for excellence, focusing primarily on the prosecution of securities fraud, transactional, derivative and ERISA/401K litigation brought against public companies, their officers and directors, and advisors. In addition, Schiffrin & Barroway has represented millions of consumers in drug litigation, product liability actions, credit card litigation and antitrust actions. The firm is headquartered in Radnor, Pennsylvania, USA.
