Supreme Court Personal Injury Ruling a Victory for Philadelphia Breast Cancer Patients
In a victory for Philadelphia breast cancer patients, the U.S. Supreme Court upheld a $2.75 million jury award to an Arkansas woman who claimed hormone replacement drugs caused her breast cancer. Donna Scroggin was diagnosed with breast cancer after taking hormone replacement drugs widely-prescribed to ease menopause symptoms. On Scroggin's behalf, personal injury product liability attorneys sued drug makers Wyeth Pharmaceuticals and Upjohn Co., both now subsidiaries of Pfzier Inc., claiming that hormone replacement drugs they manufactured were responsible for Scroggin's breast cancer.
The jury agreed, awarding Scroggin $2.75 million in compensatory damages and $27 million in punitive damages. On appeal, the punitive damage award was struck down by a federal judge who ordered a partial retrial solely to address punitive damages. In a victory for Philadelphia cancer victims, the Supreme Court upheld the decision to limit the partial retrial to punitive damages, rejecting the drug company's argument that the retrial should review all aspects of the cause, including the court's finding that hormone replacement drugs contributed to Scroggin's cancer.
After taking hormone replacement drugs for 15 years, Scroggin eventually lost both breasts to mastectomy after the discovery of cancerous lumps. More than 6 million women in Philadelphia and across the U.S. have been prescribed hormone replacement drugs to relieve menopause symptoms that can include night sweats, hot flashes and mood swings. Prescribed for decades, hormone replacement therapy was standard medical treatment for menopausal symptoms until 2002 when researchers discovered a 26% higher incidence of cancer among women taking the drugs. Scroggin's successful product liability suit sets the stage for more than 8,000 personal injury lawsuits related to menopause drugs that have been filed against drug maker Wyeth to date.
Philadelphia women who develop cancer after taking hormone replacement drugs are urged to consult a knowledgeable Philadelphia product liability attorney about their rights.
