Donna Scroggin had a hormone replacement product liability suit against Wyeth and Upjohn and at the spring 2008 trial her claim that the drug companies failed to warn of the increased risk of breast cancer resulting from their estrogen and progestin products, a federal district court jury awarded the breast cancer survivor $2.75 million in compensatory damages. In the second phase of trial, the jury hit Upjohn with about $8 million in punitive damages, and Wyeth with $19 million.
After post-trial motions, the judge upheld the jury’s liability finding and $2.75 million compensatory damages verdict against Wyeth and Upjohn. But he struck the testimony of Scroggin’s punitive damages expert and vacated the punitive damages awards against the drug companies.
The 8th Circuit affirmed the lower court’s $2.75 million liability and compensatory damages judgment against Wyeth and Upjohn. In so ruling, said Scroggin’s trial counsel, the Morris Law Firm, the appeals court set good precedent for plaintiffs on the causation and statute of limitations defenses that have marked the litigation so far.
And although the court upheld the trial judge’s judgment as a matter of law with regard to punitive damages against Upjohn, it ordered a new punitive damages trial against Wyeth. “The evidence presented could allow a jury to find or infer that Wyeth was guilty of malicious conduct within the meaning of Arkansas law,” the appellate court ruled.
If you or a family member has been personally injured because of the fault of someone else: by the use of dangerous and defective drugs, bad products, or toxic injury etc then please contact the Fort Worth Texas Product Liability Attorney Dr. Shezad Malik. For a no obligation, free case analysis, please call 817-255-4001 or Contact Me Online.