Ruling Reinstates 14 HRT Breast Cancer Lawsuits, Could Affect 1,000 More

A Pennsylvania appeals court has reinstated more than a dozen breast cancer lawsuits over hormone replacement therapy (HRT) drugs by Pfizer’s Wyeth and Pharmacia.  

The August 30 ruling by the Superior Court of Pennsylvania directly affects 14 cases that were dismissed by a lower court due to the statute of limitations. However, according to a report by Law.com, the opinion could lead to the reinstatement of 1,000 Pennsylvania HRT lawsuits that were dismissed for similar reasons.

The ruling mirrors a similar decision made by the U.S. Circuit Court of Appeals in St. Louis at the beginning of the year. That ruling reinstated more than 100 federal lawsuits against Wyeth’s Prempro and Premarin, as well as Pharmacia’s Provera. The cases, at both the federal and state levels, were initially dismissed because the lower courts believed the claims were filed too late according to the deadline for the applicable statute of limitations.

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In the Pennsylvania case, the drug makers argued that because the plaintiffs waited more than two years after being diagnosed with breast cancer to file their claims, they missed the window of opportunity to sue. However, the plaintiffs argued that the statute of limitations did not start running when they were diagnosed, as they were unaware of the possibility that HRT drugs could have caused their breast cancer until a 2002 study by the Women’s Health Initiative (WHI) linked the medications to cancer.

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 hormone replacement therapy breast cancer lawsuits currently pending throughout the country.

The main case in the Pennsylvania ruling was filed by Elizabeth Coleman who was diagnosed with breast cancer on October 20, 2000, after taking Premarin for several years, but did not file a lawsuit against Wyeth until June 28, 2004. At issue was whether the trigger date for the statute of limitations was when Coleman, and other plaintiffs, discovered they had breast cancer, or when the WHI study first claimed an HRT breast cancer link in July 2002. Both the federal appeals court, and now the Pennsylvania Superior Court, have determined that the study is the start date for determining the statute of limitations.

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.

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18 Comments

  • WendyDecember 7, 2020 at 4:11 pm

    I was put on Premarin in2000 after a hysterectomy . I was 45 years old I took it until September 2014 when I was diagnosed with breast cancer.Nobody told me it was a cancer risk.How can they do this?

  • JuanitaJuly 8, 2013 at 10:13 pm

    They should be NO Statue of Limitations with a drug that can cause you DEATH. What I went through in the past three years I wouldn\'t wish on my worst enemy.

  • PatriciaFebruary 21, 2013 at 6:45 am

    I took provera/premarin and developed female and breast cancer, which I ad to have major surgery twice within 11 months, I had chemo and 5 years of any drug suppose to stop cancer. Now I have been told I have thryoid and vocal cord cancer, swollen lymphs in my stomach and an enlarged spleen. When will it stop. I believe Drug companies need to be accoutable for this. As far as the statute of limita[Show More]I took provera/premarin and developed female and breast cancer, which I ad to have major surgery twice within 11 months, I had chemo and 5 years of any drug suppose to stop cancer. Now I have been told I have thryoid and vocal cord cancer, swollen lymphs in my stomach and an enlarged spleen. When will it stop. I believe Drug companies need to be accoutable for this. As far as the statute of limitations is concered, they is none for murder using a gun, well why is there using drugs that are killing us. All women that these drugs effected should be taken care of and compensated for what they are going thru, without being told that we don't matter.

  • HaroldSeptember 9, 2012 at 8:25 pm

    My mother died nov 2004 1 year after bein informed she had breast cancer. Her death brought me closer to God and a I feel so bad for the other women who were misled by their doctors. Call on Jesus women he is the Great Physician.

  • RiedaJune 7, 2012 at 6:48 am

    I took Premarin for 15 years, higher dosage than any study and for double the time. My breast cancer was estrogen positive, so it caused it. This was five years ago. I never could get anyone to take the case. They would only take prempro cases. Now they admit taking Premarin for a long period of time can cause breast cancer. Is it too late? Does anyone have a case?

  • MashelleOctober 31, 2011 at 9:45 pm

    I took Premarin for 20 plus years. I was never aware of the side effects until may of 2011 when I was told that I have breast cancer. It has been the struggle of my life. After 2 lumpectomies a major infection and 6 weeks of radiation. I am hoping that is awful experience is behind me. My first granddaughter was born 3 days before I was told a about the big C. I strongly agree that these companies[Show More]I took Premarin for 20 plus years. I was never aware of the side effects until may of 2011 when I was told that I have breast cancer. It has been the struggle of my life. After 2 lumpectomies a major infection and 6 weeks of radiation. I am hoping that is awful experience is behind me. My first granddaughter was born 3 days before I was told a about the big C. I strongly agree that these companies should be held responsible. Precious time of my life was taken from my family and I. Best of luck to all those fighting, comforts to those that have fought, and may god bless you all.

  • gregoryJanuary 6, 2011 at 6:42 pm

    if the drug didn't cause breast cancer why was the dosage lowered in the pills.... my mother was on 2mg then went to 0.5. This company deservers everything bad that happens to it. Her case has been going on for eight years ...are they waiting on the women to die...I can't imagine if this was a drug that affected men it would be already settled..My moms quality of life has been in a steady decline[Show More]if the drug didn't cause breast cancer why was the dosage lowered in the pills.... my mother was on 2mg then went to 0.5. This company deservers everything bad that happens to it. Her case has been going on for eight years ...are they waiting on the women to die...I can't imagine if this was a drug that affected men it would be already settled..My moms quality of life has been in a steady decline since her surgery to remove her breast.. SHAME ON YOU PHIZER....Everything i've read on the cases shows you hid the increased risk of breast cancer. Phizer will be held accountable in this life or the next.

  • CindyDecember 30, 2010 at 6:18 pm

    I'm deflated after reading about the statue of limitations! I rec'd a depo-provera shot in July of 2000 and had a tumor in Dec. 2000 resulting in dbl. mastectomy, reconstruction using my BACK MUSCLES (boy was I bamboozled and told I "wouldn't miss the muscles unless I was an extreme sport type... mountain climber"... then, 7 months of chemo, got very sick for 8 months after reconstruction, so had[Show More]I'm deflated after reading about the statue of limitations! I rec'd a depo-provera shot in July of 2000 and had a tumor in Dec. 2000 resulting in dbl. mastectomy, reconstruction using my BACK MUSCLES (boy was I bamboozled and told I "wouldn't miss the muscles unless I was an extreme sport type... mountain climber"... then, 7 months of chemo, got very sick for 8 months after reconstruction, so had them removed. Began to heal somewhat but still have lingering fibromyalgia, no strength (was pretty "buff" prior to "it all") and horrible anxiety! The big pharmaceuticals should be made to fly airplane banners across every square inch of the world (in whatever languages are needed) for the rest of their days ALERTING people to the number of the injured from taking their horrible drugs! And to think they fight companies that sell herbs and natural remedies???!!! WHAT??? When is the almight dollar going to be 2nd to PEOPLE? Yes, EVERY woman harmed should be compensated for the negatively altered states we've all been dished. Praying God's blessings will shower you all!

  • WilmaNovember 20, 2010 at 7:51 pm

    i was taken prempro, premarin and other hrt drug for over a period of 10 year, diagnosed in 2004 with breast cancer, a lumpectomy , radiation, chemo. 20010 reaccurrance of breast cancer this time i had to undergo a full mastectomy same breast left breast, i will began chemo 11/30/10. i hope and pray no one have to endure what i have been thru. but i am blessed because i am able to talk about it,[Show More]i was taken prempro, premarin and other hrt drug for over a period of 10 year, diagnosed in 2004 with breast cancer, a lumpectomy , radiation, chemo. 20010 reaccurrance of breast cancer this time i had to undergo a full mastectomy same breast left breast, i will began chemo 11/30/10. i hope and pray no one have to endure what i have been thru. but i am blessed because i am able to talk about it, some women have died from taken these HORRIBLE pills.

  • MaryNovember 20, 2010 at 5:07 am

    Why is it taking so long? i think they are waiting for them to die, because in general they are older women. This drug company should pay to all the women they harmed, for all their suffering, some of them was mutilated, some of them died and for all of them their lives was destroyed.

  • BarbNovember 14, 2010 at 9:33 pm

    Why?...Oh, Why?...is it taking so long?...I have been waiting over eight long years...so many have already died waiting for their lawsuits to be settled!.....I have had many proablems stemming from these drugs....Please, God, make it soon...They should get their just deserts from harming so many women in the world!

  • LouOctober 29, 2010 at 2:46 pm

    The drug company should pay to all the women they have done harm to.Just because they are the "big" D Company doesn't mean they can do whatever they want. But they are allowed.Well as the saying goes"What goes around comes around".They will get their turn in due time.God will see to that.

  • TerriOctober 29, 2010 at 12:27 am

    I must say I am flabbergasted, I was searching Attorneys regarding the Gynecare mesh lawsuits due to having erosion of the mesh and stumbled here.. After both of my bladder sling operations my urologist prescribed Premarin to use every night at bedtime ,. I developed lumps and discharge from my breast but was told it was negative. I was also prescribed this about 6 months ago by my primary Doctor [Show More]I must say I am flabbergasted, I was searching Attorneys regarding the Gynecare mesh lawsuits due to having erosion of the mesh and stumbled here.. After both of my bladder sling operations my urologist prescribed Premarin to use every night at bedtime ,. I developed lumps and discharge from my breast but was told it was negative. I was also prescribed this about 6 months ago by my primary Doctor but hadn't used it but a few times. Why is this product still being prescribed???

  • BobbieOctober 28, 2010 at 2:36 am

    Women that have taken premarin and have developed breast cancer should be compensated for their hardships. The amount of money, the stress on family and the patient is huge!!! What an emotional rollercoaster this is for all involved and to think this could have been prevented by better education to our doctors! Drug companys have one thing on their mind and that is making a sale! Its all about th[Show More]Women that have taken premarin and have developed breast cancer should be compensated for their hardships. The amount of money, the stress on family and the patient is huge!!! What an emotional rollercoaster this is for all involved and to think this could have been prevented by better education to our doctors! Drug companys have one thing on their mind and that is making a sale! Its all about the money not a human life and how this medication will benefit them!! With October being national breast cancer month here is to all women, men and their families that are fighting the battle, have fought the battle and won and those who lost their battle! God Bless!

  • patriciaOctober 27, 2010 at 5:31 pm

    I have just been diagnosed with invasive ductal cancer and had a lumpectomy. My doctor said it wsn't from prempro taken several years ago when I was going through menopause. I was also on birth control pills for several years in my early twenties. Now I am reading that prempro could have contributed to my breast cancer. I am not suit crazy but if I can prevent doctors from prescribing potential[Show More]I have just been diagnosed with invasive ductal cancer and had a lumpectomy. My doctor said it wsn't from prempro taken several years ago when I was going through menopause. I was also on birth control pills for several years in my early twenties. Now I am reading that prempro could have contributed to my breast cancer. I am not suit crazy but if I can prevent doctors from prescribing potentially harmful drugs to women then I could convince myself to do so. I have 6 granddaughtes, three daughters and a sister that I would like to prevent from having to go through the procedure, radiation, chemo and tamoxiifen. Don't know what I should do.

  • SharonOctober 22, 2010 at 1:10 am

    Both Pfizer and Wyeth have had numerous drugs that have killed or injured people. The US govt. should take both of these drug company's off the market, they have a history of disregard for the injuries they cause. If you want lower health care costs, get rid of these two is a good start. Drugs like HRT cause cancer, diseases and higher health care bills. Who needs them?

  • ChristineOctober 21, 2010 at 10:39 pm

    This magical date July 2002 that you had to of stopped taking just because there was a report. No neon sign was flashed in the sky for all to see, doctors don't even always keep up with every new finding. There's millions of new finding each year and many contradict each other. I stopped taking Prempro when my sister hard a stroke and they attributed it to HRT, and now many years later I have b[Show More]This magical date July 2002 that you had to of stopped taking just because there was a report. No neon sign was flashed in the sky for all to see, doctors don't even always keep up with every new finding. There's millions of new finding each year and many contradict each other. I stopped taking Prempro when my sister hard a stroke and they attributed it to HRT, and now many years later I have been diagnosed with invasive ductile cancer11/2009. I ddn't jump at the class action suits because I didn't know I had been harmed, and I'm not suit happy, but now I'm being penalized because I didn't file sooner. Actually I was just told within the last 2 months that my cancer was probably attributal to the HRT, but now I have only 1 yr. from date diagnosed to file as long as I had previously stopped taking the drug by 7/2002. In the state of Nebraska doctors don't have to keep medical records longer than I say 5years, my sister says 7 years. 2010 minus 7= 2003 so it appears that because I was'nt suit happy I may get screwed royally. No wonder everyone is suit happy, you get screwed if you don't! Thanks Nebraska and the stupid judge that ruled because a report is filed everyone and his brother got notified by I guess osmosis. It feels like the judge might have been paid off. How grossly unfair both of these determinations taking the drug after 2002 and the 1 year deadline.

  • MariaSeptember 11, 2010 at 11:54 pm

    Good, all these thousands of women who had breast cancer after taking this HRT drug must have a reward for all their suffering, some of them were mutilated, some of them died and all of them suffer for this terrible disease.

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