Hormone Replacement Therapy Lawsuits See Multi-Million Dollar Settlements

This is a settlement for the Drugs/Medical Devices lawsuit.

Philadelphia, PA: Two women who each filed a lawsuit against pharmaceutical companies that make hormone replacement therapy (HRT) have both won their cases with awards of $34 million to one and $78 million to the other.

On November 20, Donna Kendall was awarded over $6 million in compensatory damages against Wyeth, followed by an award of $16 million in punitive damages against Wyeth awarded on November 23, and $12 million against Pharmacia & Upjohn. The total award is more than $34 million.

Donna Kendall and her husband John Kendall Jr., named the drug makers as defendants in their lawsuit, alleging negligence, failure to warn of breast cancer risks in the drug labeling, fraud and willful conduct. Mrs. Kendall underwent a double mastectomy in 2002 following a diagnosis of breast cancer. In her pretrial memo Mrs. Kendall stated she had taken the estrogen HRT Premarin made by Wyeth and as well as Provera, a progesterone drug made by Upjohn, between October 1991 and 1998. Additionally, she took Wyeth's combination estrogen and progesterone drug, Prempro, between 1998 until her diagnosis of cancer in October 2002. In her pretrial memo, Mrs. Kendall argued that adequate warning and timely testing for cancer would have prevented her breast cancer.

In a second, similar case, documents unsealed on November 20 revealed a $78.7 million award to Connie Barton, as settlement in her earlier lawsuit brought against Wyeth. Barton also developed breast cancer and underwent a mastectomy and reconstructive surgery. She stated in her pretrial memorandum that she took Prempro between May 1997 and May 2002.

Wyeth, Pharmacia & Upjohn are now owned by Pfizer.