23 Hormone Replacement Therapy Breast Cancer Lawsuits Dismissed
A New York judge has dismissed 23 hormone replacement therapy lawsuits filed by women diagnosed with breast cancer, saying that the risk of developing breast cancer from the drugs was well known and that the plaintiffs failed to file their lawsuits within the three-year statute of limitations in New York.
The ruling, issued December 14 by New York State Supreme Court Judge Martin Shulman, granted a motion made by attorneys for Pfizer to dismiss the 23 lawsuits brought by women who alleged problems with hormone replacement therapy (HRT) drugs Prempro, Premarin and Provera. The drugs were developed by Wyeth, which was recently acquired by Pfizer. Teva Pharmaceuticals was also a defendant in the cases.
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.
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Learn MoreIn 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.
In an order issued earlier this week, Judge Shulman said that the debate over HRT health problems has not yet been settled, but noted that “the potential risk of contracting breast cancer from taking HRT medication was well known at all times out there in the stream of public information.” Shulman determined that the evidence presented by plaintiffs did not contain evidence of fraud or misrepresentation which would have allowed the filings to go forward despite being filed after the state’s three year statute of limitations.
There are currently about 9,000 Prempro lawsuits pending against Pfizer’s Wyeth subsidiary. All of the lawsuits claim that the company failed to adequately warn about the risk of invasive breast cancer from the HRT drugs and that they intentionally hid the cancer risk from women. As a result of Wyeth’s conduct, Pfizer has been hit with several large punitive damage awards.
In two Prempro lawsuits that went to trial in recent months in Philadelphia, juries awarded a combined $103 million in punitive damages to two women who established that Wyeth purposefully hid the risks of breast cancer.
In November, a federal appeals court in St. Louis determined that Wyeth’s actions at attempting to downplay cancer concerns was enough to be presented to a jury as evidence of the need of punitive damages in a case that has already resulted in compensatory damages of $3.75 million.
A New York Times investigation involving recently released documents, discovered a number of instances which appear to show that the drug maker intentionally worked to downplay known cancer risks in the medical community. The newspaper highlighted uncovered documents by Wyeth employees. In one case an employee wrote “Dismiss/distract” on a report about breast cancer risks and HRT.
The New York Times investigation also raises questions about whether the drug manufacturers falsely pumped up the health benefits of HRT to increase sales.
Pfizer has released statements in the wake of the Times piece calling it unfair, saying reporters cherry-picked data. The company also noted that the HRT drugs have long carried label warnings regarding the risk of breast cancer.
7 Comments
ValerieJune 26, 2022 at 1:32 pm
My Mother died at 67 years old from breast cancer. She was prescribed HRT estrogen. She was a very healthy woman who was a postal letter carrier and walked miles every day. She was taken from our Family for no reason except that she believed her doctor. It has been over 14 years and we miss her everyday. Especially her grandchildren and the ones she never got to meet.
GloriaFebruary 21, 2015 at 7:07 pm
I LOST MY RIGHT BREAST DUE TO TAKING HORMONE REPLACEMENT THERAPY I WILL NEVER BE THE SAME EVERY DAY I HAVE TO LOOK AT MY SELF IN MIRROW AND ASK MY SELF IS THIS FOREAL IT IS VERY HARD DEPRESSING AT TIME NO I DONT THINK OF MYSELF AS A WHOLE WOMEN IT IS NOT FAIR FOR THE COURT TO DECIDED IF WYETH,INC WAS MISLEADING AND REPRESENTING ABOUT THE RISK IF I WAS TOLD ALL THE FACTS ABOUT THE PREMARIN THAT I [Show More]I LOST MY RIGHT BREAST DUE TO TAKING HORMONE REPLACEMENT THERAPY I WILL NEVER BE THE SAME EVERY DAY I HAVE TO LOOK AT MY SELF IN MIRROW AND ASK MY SELF IS THIS FOREAL IT IS VERY HARD DEPRESSING AT TIME NO I DONT THINK OF MYSELF AS A WHOLE WOMEN IT IS NOT FAIR FOR THE COURT TO DECIDED IF WYETH,INC WAS MISLEADING AND REPRESENTING ABOUT THE RISK IF I WAS TOLD ALL THE FACTS ABOUT THE PREMARIN THAT I WOULD HAVE TAKEN IT IF I HAD BEEN TOLD I COULD GET CANCER FROM IT I WOULD NOT HAVE TAKEN IT.
crystalMarch 25, 2011 at 9:04 am
I think it is wonderful that the above poster has had a stoke of luck and has not been attacked by breast cancer, but in the same smile....it goes to a frown for all these women out here who ARE affected by this hormonal drug, including my own mother. Man, what a trooper she is. Diagnosis-agonizing chemo-breast removal-remisson-cancer return in other breast-breast removal-drug treatments to aid in[Show More]I think it is wonderful that the above poster has had a stoke of luck and has not been attacked by breast cancer, but in the same smile....it goes to a frown for all these women out here who ARE affected by this hormonal drug, including my own mother. Man, what a trooper she is. Diagnosis-agonizing chemo-breast removal-remisson-cancer return in other breast-breast removal-drug treatments to aid in remaining in remission, but had the(HAS)the effect of "energy sucking" and unrelated to this-brain tumor diagnosis-minor brain surgery and back in the race of remission again. What I can't understand is:why would-DO people in this world create drug therapies for those with health problems and include anything that would CAUSE another? Yeah, I may be UNeducated and should probebly NOT speak since I don't know the pattern of creating medicine, but my natural, basic intuiton says that maybe this isn't such a good I dea and should KEEP researching until.....UNTIL it is 100% safe. OR....if they are smart enough and wise enough to figure all this out-"WHY ISN"T A DRUG CREATED TO COUNTERACT THESE OTHER PROBLEMS THAT HAPPEN"? My dad died in 2002-Vietnam Agent orange-CANCER and only 55. F... the makers of this chemical shit cause not only did they kill my dad 30 plus year AFTER contaminated, but it's been 9 years and i have fallen upside down and feel like a bag of smashed assholes in my soul. MY DADDY was FORCED to do something he had no clue of what the LONG run would bring. Point is......OWNERSHIP is due here for all these ladies. It's not just them who suffer, yes they endure ungodly melt down of there own souls, but think of all the kids that are already ready to die themselves maybe, because they are so heart broken over having to watch someone they cherish die?> Grand-children/Husbands/Parents of the victim./friends and on and on and on. No amount of money can give these lad9es a life they once owned and smiled about.....but WHY NOT PAMPER them now. I pray and have prayed for all you. DON'T GIVE UP MAN>.......DON'T GIVE UP. my mom is a lady who just a month prior layed to rest the entirety of her own soul(my dad died0 and then 30 days later, she was faced with her OWN fate and SHE IS STILL GOING STRONG AND SO CAN YOU.
DEBRAJune 22, 2010 at 3:19 pm
Premarin is wonderful. I have been on it since 1986 after major surgery and have only had complications with doctors trying to lower the amount and strength. I am now on full strengh - 1.25 - and hope to continue to use this drug and that they continue to manufacture it until I am 100. I am presently 57 with a natural blood pressure of 112 over 76. Due to the gene cancer in my family for breas[Show More]Premarin is wonderful. I have been on it since 1986 after major surgery and have only had complications with doctors trying to lower the amount and strength. I am now on full strengh - 1.25 - and hope to continue to use this drug and that they continue to manufacture it until I am 100. I am presently 57 with a natural blood pressure of 112 over 76. Due to the gene cancer in my family for breast cancer, I voluntarily had a double masectomy in 2001 mostly for firbrocystic breasts that started in my 20's that were extremely painful. No breast cancer was found however and full breast reconstruction followed. I no longer fear breast cancer nor the fear of blood clots with this drug. Thank god for it!
MarieJune 17, 2010 at 1:39 am
It should not be a limit for those that have suffered from breast cancer that was a result of using the harmone replacement drug. All that were affected should be allowed to be compensated. We are labeled because we have had been treated for the disease and will never be the same again. I did not know abut the lawsuit until I accidently stumbled upon it.
AngeliaJanuary 20, 2010 at 5:30 pm
This med Premine should have never been allowed to be prescribe. with out waring of what it can do to you. Its a dam shame how the doctors play with our lives and get away with it.
BethJanuary 6, 2010 at 6:06 pm
Well, cigarette packages have long contained warnings too, but somehow those lawsuits were valid and these aren't? The issue isn't whether the public is aware of a cancer risk - the issue is deceptive marketing practices. Wyeth has CONSISTENTLY downplayed both cancer risk and manipulated the scientific literature to suggest a better safety profile (e.g. through journal-like publications designed t[Show More]Well, cigarette packages have long contained warnings too, but somehow those lawsuits were valid and these aren't? The issue isn't whether the public is aware of a cancer risk - the issue is deceptive marketing practices. Wyeth has CONSISTENTLY downplayed both cancer risk and manipulated the scientific literature to suggest a better safety profile (e.g. through journal-like publications designed to promote only positive results and make physicians *think* they were looking at peer-reviewed data). Bad decision, IMHO, or else somebody did not formulate the case well enough.