Hormone Therapy Breast Cancer Lawsuits Can Proceed in State Court
Published: October 19th, 2010
A decision by the U.S. Supreme Court not to hear an appeal filed by Pfizer has cleared the way for state court hormone replacement therapy breast cancer lawsuits filed by more than 100 women in Minnesota to proceed.
By turning down the opportunity to hear the case last Tuesday, the Supreme Court let a decision by the 8th Circuit Court of Appeals stand, which allowed lawsuits brought by 116 women to proceed in Minnesota state courts, instead of being transferred to federal court.
All of the lawsuits claim that hormone replacement therapy (HRT) drugs manufactured by Wyeth and Pharmacia caused plaintiffs to develop breast cancer, and that the companies, now both owned by Pfizer, failed to warn patients and doctors of the potential side effects of hormone therapy.
The appeal was joined by a number of pharmaceutical companies, who argued that the cases should have been removed to federal court. In general, drug companies prefer to have cases tried in federal courts, where judges and sometimes juries are seen as more sympathetic to public interests.
Hormone replacement therapy involves the use of hormones and progestins to artificially boost hormone levels in women undergoing menopause due to surgery or in postmenopausal women, to provide relief from symptoms such as hot flashes, irregular menstruation or weight gain.
In 2002 the National Institutes of Health released the results of studies that found women receiving HRT were at higher risk of breast cancer, strokes and heart attacks. The studies, part of the Women’s Health Initiative, sparked most of the breast cancer lawsuits over hormone replacement therapy that are currently pending throughout the country.
About 9,000 Prempro lawsuits have been filed against Pfizer’s Wyeth unit by women who claim that they developed breast cancer from the hormone replacement therapy. Wyeth has lost five of the last seven HRT lawsuits that have gone to trial, resulting in tens of millions of dollars in compensatory and punitive damages. The punitive damages have been awarded by juries who saw Wyeth’s behavior as reckless disregard for the risk of injury to consumers.
Related Posts
- Jury Awards $1.5M For Breast Cancer from Prempro (1/3/2011)
- Prempro Suit Over Breast Cancer Results in Defense Verdict (12/6/2010)
- Prempro Side Effects Double Risk of Death from Breast Cancer: Study (10/20/2010)
- Prempro Lawsuit Results in $9.5M Award for Breast Cancer Survivor (2/24/2010)
- 23 Hormone Replacement Therapy Breast Cancer Lawsuits Dismissed (12/18/2009)
Comment by Darlene on 20 October 2010:
I have taken premarin& premo forsometime I I DEVELOPED ESTRIGEN BREAST CANCER IN 08.. I HAD RADIATION TWICE A DAY FOR A WEEK OF BUSSINESS DAYS. I AM ON CHEMO ESTRIGEN BLOCKER FOR AT LEAST FIVE YEARS OR LONGER.
I FIRST TOOK ARIMIDEX ESTRIGEN BLOCKER VERY VERY HARD ON MY BODY. HAD TO CHANGE TO FEMARA WHICH I WILL BE ON
FOR AT LEAST FIVE YRS. OR LONGER.
Comment by Lynn on 23 October 2010:
for whatever it’s worth – I have a letter from my perscription drug insurance company Medco informing me that my current HRT Activella (low dosage) is no longer a Preferred Perscription which will result in higher out of pocket. Medco is recommending I discuss with my doctor switching over to Prempro.
seems to me the insurance company has a role this lawsuit, as well?
Comment by Donna on 11 December 2010:
I took HRT for around 5 years. I developed breask cancer and chose to have a double mastectomy. I was lucky because they found cancer in my other breast too. I had to endure 3 months of chemo and am now on Arimidex for the nest 5 years.
Comment by Gayle on 14 January 2011:
I took Premarin fo over two years; went for a routine mamogram which found lump; in December 2010, I had a double mastectomy and am now undergoing chemo therapy.
Comment by Missing mom on 7 February 2011:
My mother had the HER 3 version of breast cancer. We were told in 2000 of the cancer. She fought the battle for 3 long years. We lost her in the summer of 2003. We found out this week that her case was won. As always, mom gets the last word.
Comment by Paulette on 19 March 2011:
I took HRT Activella for over 10 years. I was diagnosed with stage 2 breast cancer in January, 2011. The lump the surgeon removed from my breast was 95% estrogen, progesterone receptor positive, due to HRT. I’m currently going through 5 weeks of radiation therapy, five days a week. After the radiation treatments, I will be taking a hormone blocking medication for 5 years. This has affected my life & career.
Comment by louise on 3 October 2011:
Itook hrt for five years 9 years later came up with breast cancer,thank god Its gone but having my breast removed and chemo will never leave my mind how many of doctors still give this and if you are a judge what would you do if it was your wife daughter you take the case then
Comment by Peter on 5 November 2011:
My wife discovered, incidentally, that she had contracted invasive ductal carcinoma (double positive) in 2006. Cytoxin, Adriamicin chemo for 2 months, radiation for 10 weeks, in the end, a hysterectomy, Femara for 2 years, now on Tamoxifin for another 3 years. The link between breast cancer and Wyeth’s poison cocktail has been established. What’s the hold up?