While the Judge today denied punitive damages, drug maker Wyeth has had a $1.5 million verdict entered because of its drug Prempro, a hormone replacement therapy that Plaintiff alleged lead to her breast cancer, as reported in Business Week, and cited in other blogs. This is one of some 4500 suits pending against the drug manufacturer. What makes this particularly interesting is that several months ago, when the second trial involving this treatment was in trial, there seemed to be a consensus that “the science isn’t there.”
As those of us who have represented defendants in toxic torts for years have come to learn, “the science isn’t there” may be a logical defense, but logic too often doesn’t stand up against sympathetic jurors.