Quoted from http://www.law.com/jsp/article.jsp?id=1202444500915
Philadelphia Jury Finds for Wyeth in Hormone Replacement Therapy Case
The verdict disrupts the streak of plaintiffs' wins before Philadelphia Common Pleas Court juries in HRT mass tort cases
Amaris Elliott-Engel
The Legal Intelligencer
February 25, 2010
After more than six hours of deliberation, a Philadelphia jury unanimously returned a defense verdict Wednesday in a lawsuit alleging that a hormone replacement therapy drug caused breast cancer in an Indiana woman who died of the disease.
The verdict in favor of drugmaker Wyeth came because the jury found a lack of factual causation of Cheryl Foust's disease by her use of the HRT drug Prempro.
The defense in Foust v. Wyeth, however, did not get all of the answers it wanted on the questions presented to the jury.
The jury found that Wyeth negligently failed to adequately warn Foust's prescribing nurse practitioners about the risk of Prempro, and that the negligent failure to warn was a causation factor in the nurse practitioners prescribing Prempro to Foust.
In an unusual aspect of the case, Foust's identical twin sister, Carol, took an HRT drug but did not get breast cancer. Both the plaintiffs and the defense sought to use Carol Foust's lack of cancer to their advantage in making arguments to the jury.