US Supreme Court Rejects Pfizer HRT Trial Appeal
15 CommentsBy Ed Silverman // June 21st, 2010 // 12:02 pm
The US Supreme Court rejected an appeal of a ruling that ordered a retrial on how much punitive damages should be awarded to a woman who developed breast cancer after taking the Prempro and Premarin hormone replacement therapy drugs, according to this report. Pfizer argued a retrial limited to punitive damages had violated its constitutional right to a jury trial and the judge in that case had improperly admitted testimony of a scientific expert.
An Arkansas jury in 2008 sided with Donna Scroggin in her lawsuit against two companies bought by Pfizer - Wyeth and Pharmacia - which was the first federal verdict against Wyeth. Scroggin was diagnosed with breast cancer in 2000, after taking hormone replacement therapy drugs for 11 years, and was awarded compensatory damages of $2.7 million. She was also awarded punitive damages of $19.4 million against Wyeth, and $7.8 million against Pharmacia.
A US appeals court upheld the compensatory damages and also ruled that a federal judge correctly set aside punitive damages against Pharmacia as a matter of law. Last November, the appeals court ordered a new trial on punitive damages involving Wyeth (background here and here). In its appeal, Pfizer opposed a partial retrial limited to punitive damages, arguing this confuse the jury and deny its right to a fair trial. The drugmaker wanted an entirely new trial.
Justice in MI
There is a bitter irony to read about Pfizer arguing for “its constitutional right to a jury trial,” when Big Blue has been in the forefront of efforts to protect Michigan’s full drug industry immunity law–no product liability trials of any kind if the product is in FDA compliance (full FDA preemption).
BTW, if anyone doubts that Michigan’s law is unique, the guys at DDL did a recent piece on precisely this question (”Controlling the Michigan Diaspora.”) Of course, their concern was that there were no _other_ states that offered the kind of full liability shield that Michigan does.
It is always good to hear from the horse’s mouth what we, living under the wrong end of the horse, have had to endure–that Michigan is its own legal rights Bantustan as far as drug company liability is concerned.
Justice in MI
p.s. I support Pfizer’s legitimate legal rights.
It would be nice to see them, in turn, support the legitimate legal rights of those whom they, or their subsidiaries (Warner-Lambert, Pharmacia, et. al.) have potentially screwed.
M. Black
Why is it that this (these) products are linked to breast cancer ony?
If these treatments are ::now:: (they will pay) known to be carcinogens, why is it that they could be linked with the same toxin and on other systemic processes and organs? Breast cancer could be argueably linked with others biosystems?
The fact that these bastards witheld the knowledge that their products are killing people (and not all of it - interesting…) gives me absolutely no faith that while they are so bastardly as to do THAT, calls for swift and massive punishment including debarrment, and prison (if they are still alive by then) time, as well as massive financial penalties that will send, in no ambiguous whatsoever will be massive enough to effectively get those ones responsible as ones that have doing it now, but haven’t yet been found out about yet?
Punitive
My fantasy.
They get another trial. And the jury doubles the damages.
Edward
HRT for eleven years? I assume she had something like an ovariectomy, and not just a lousy doctor?
M. Black
SEVERERE Punative Action.
And why arent people knocking at the door and mandate that ALL INFO
that has not been released, is released?
Perhaps the data was in error.
And perhaps one of the Jeti Statistic (they are out there) are brought in for $500/hour to make the company’s data as diluted as it is.
Not consider the fraud of an 11PM shredding session (pizza and beer provided).
But we “just know” that that would ever happen or happened. Yea, good guess.
~ M. Black
Donovan
Thanks, Justice. It would be great to have justice in Michigan once again. However, not much is happening here to rescind our law, and I am afraid it is still Pharma’s model and hope for the rest of the country.
Corporate Attorney James Beck of Drug and Device Law blog, states:
“Michigan plaintiffs have tried every trick in the book to flee their home state for somewhere – anywhere – else. We’re happy to report that most of the time they haven’t been successful in avoiding Michigan law.”
“Now, if we could only convince the other 49 states to follow Michigan’s lead.” “Managing the Michigan Diaspora,” http://druganddevicelaw.blogspot.com/2010/06/managing-michigan-diaspora.html
Pfizer feels their Constitutional rights have been violated. Thousands of Rx victims in Michigan can relate.
M. Black
This may linked to Pancreatc Cancer. The pancreas is one (maybe more) organ that regulates hormone balance.
I see this as an almost slam dunk. However PC rates are so low, that it makes the statistcs, it is overlooked.
Look INSIDE the body. Learn what each organism does, and how they are affixed to each other.
Debarrment, prison, MAJOR crippling effects as to break them and start over again because the dead ones are in your filing cabinet. The odor of their dead bodies stink.
Start over or close down.
~ M. Black
M. Black
Punitive,
My parents divorced in the eighties. Good ol’ Neat-ol’ Dad took Mom court, trying to cut child support in half. The judge doubled it.
Yay…
MB
Justice in MI
Yup. As Donovan quotes. They also said that Michigan is a “judicial hellhole” for citizens.
Got that right.
Anne PME
Does anyone know if the insurer has first right of subrogation and whether or not they will try to recollect on previously paid health claims?
Does anyone know if there are changes to subrogation rights under the HCR bill?
So, for example: A policyholder with a pre existing condition receives a subsidy for a high risk insurance plan from the state.
The state gets the subsidy money from the federal govt
Traditionally, the insurance company or another company that underwrites the plan- pays the claims- has first right of subrogation. In the case of the new high risk pool, the premiums will be susidized by the state by way of the federal govt. Given the premium subsidies, do the subrogation rights now belong to the govt and if so, do they belong to the state or the feds?
M. Black
Justice,
Do you know the per capita rate of MI? That is a factor as to “how much” is penalized against a company. In fact, you would see a trend in companies making their home base Delaware, because their per capita is very
low.
MB
M. Black
I wonder how someone that is dead get up, break from his or her coffin, and file for punitive damages?
MB
Justice in MI
don’t know per capita–this seems to link back to head thread…
Of course, it’s a person’s family who files on their behalf (all of theirs).
Louie
The big drug companies know what they are doing.They just don’t care who they hurt.If they stop making these drugs they would be broke.Their lawyers know that too.