Ark. judge tosses $27M award in hormone drug suit

In February, a federal jury in Little Rock sided with Donna Scroggin in her lawsuit against drug makers Wyeth and Upjohn, awarding her $2.75 million in compensatory damages and $27 million in punitive damages. Jurors concluded that Wyeth inadequately warned Scroggin that its drugs Premarin and Prempro carried an increased risk of breast cancer. The suit also involved Upjohn's Provera, an estrogen-only drug.

In a 52-page order Tuesday, U.S. District Judge Bill Wilson threw out the punitive damages award, saying that he shouldn't have allowed certain testimony from a former Food and Drug Administration official, Dr. Suzanne Parisian, who was the plaintiff's regulatory expert.

"Since Dr. Parisian testified as to the bottom line without any explanation, failed to provide expert analysis, testified beyond limitations established by pretrial orders, testified in areas beyond her expertise, and invaded areas that required no expert testimony, most of Dr. Parisian's punitive damages testimony should have been excluded," Wilson wrote in his order.

Wilson said that without Parisian's testimony, Scroggin did not present a "clear and convincing standard" required for punitive damages.

Wilson has already upheld the jury's compensatory damages award.

Despite lawsuits, both drugs remain on the market and carry the approval of the U.S. Food and Drug Administration. Both continue to be prescribed annually to hundreds of thousands of women to alleviate symptoms of menopause.

Scroggin, 67, developed breast cancer and had a double mastectomy after taking hormone drugs for 11 years to combat menopausal symptoms. She is now cancer-free. Her attorneys said they'd appeal Wilson's order.

Spokesmen for the drug companies both said they were pleased with Wilson's decision, but that the companies planned to appeal the initial liability verdict.