Hormone Replacement Therapy Lawsuits Reinstated on Appeal
More than 100 hormone replacement therapy lawsuits filed by women who developed breast cancer after using Prempro and other drugs have been reinstated by a federal appeals court, which ruled that the cases were wrongly thrown out by a lower court in 2008.
The ruling was issued earlier this week by the 8th U.S. Circuit Court of Appeals in St. Louis, delivering the latest of a string of legal blows to Pfizer over its Prempro hormone replacement therapy (HRT) drug. The appeals court ruled that a district court in 2008 never had the authority to dismiss the lawsuits, because they belonged in state court instead of federal court. The appeals court also reversed the dismissal of a number of cases that were originally dismissed because they duplicated lawsuits pending in California.
Late last year, Pfizer was hit with a combined $103 million in punitive damages over Prempro by two Philadelphia juries who found that their Wyeth subsidiary purposefully hid Prempro’s breast cancer risk.
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Learn MoreHormone 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 plaintiffs in the reinstated cases allege that the district court ruling in 2008 did not provide them with a reasonable opportunity to have their cases heard, and said that the judge abused his authority by not allowing the cases to be stayed until the results of the California lawsuits.
There are currently about 9,000 Prempro lawsuits pending against Pfizer. All of the lawsuits claim that inadequate warnings were provided about the risk of invasive breast cancer from the HRT drugs and that the drug makers intentionally hid the cancer risk from women.
New hormone replacement breast cancer lawsuits continue to be filed on behalf women. On December 29, the family of Delores Ann Spann Whatley filed suit in the Tyler Division of the Eastern District of Texas, alleging that HRT drugs from Wyeth, Pfizer, Pharmacia and Upjohn Co. and Watson Pharmaceuticals caused her death. Whatley’s family say that the defendants acted with malice and reckless disregard, and are seeking punitive damages on top of compensatory damages. The case was originally filed in November in the 114th Judicial District Court of Smith County, but was removed and refiled in Tyler Division weeks later.
8 Comments
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lanaSeptember 15, 2022 at 10:57 pm
I was diagnosed with breast cancer from taking estrogen medications. Have to have both breasts removed.
francineNovember 6, 2017 at 9:39 pm
I recently was diagnose with breast cancer in june 2017 I was on prempo for 5 or more years I would have never took it if I known I have cancer years later.who do I contac
GaylaNovember 12, 2015 at 9:03 pm
I was on hormone replacement for several years and I got breast cancer, they took me off. Who do I contact about getting in on the law suit
ChristineOctober 12, 2010 at 8:54 pm
I took HRT in the early 2000's don't have the exact dates at the moment. I was diagnosed with invasive ductile cancer in Nov. 2009. The article also mentions stuff about gall bladders, which mine was removed again early 2000's, but I have had chronic diarrehia (IBS) ever since. My sister had a severe stroke the sametime and they attributed it to the HRT, She's in a wheelchair and is not com[Show More]I took HRT in the early 2000's don't have the exact dates at the moment. I was diagnosed with invasive ductile cancer in Nov. 2009. The article also mentions stuff about gall bladders, which mine was removed again early 2000's, but I have had chronic diarrehia (IBS) ever since. My sister had a severe stroke the sametime and they attributed it to the HRT, She's in a wheelchair and is not coming out of it.
suanJune 3, 2010 at 11:14 am
I have taken prempro for almost 10 years and I March 2010 was told I have breast cancer that is hormone pos. I have no family history of breast cancer.
carolynMay 29, 2010 at 3:51 am
my obgyn put me on premarin hormone in the 90:s i was never told how dangeros hormone premarin was. it not only causes cancer,it causes waight gain nerve problems water gain,headaces an much much more. these doctors will not tell these women just how dangerous these meds are.
CynthiaApril 23, 2010 at 6:34 pm
I took hormonal drugs and I breast cancer in 2003 is there any lawsuits for me
JoyceMarch 18, 2010 at 12:18 am
I am writing to obtain information for a close friend of mine that has fought breast cancer and so far has beat it, the cancer is said to be a hormonal fed cancer. She was prescribed Premarin for 16 years..I am trying to help her find out if there is a chance to enter into this lawsuit against Premarin or is it too late.