Friday, February 26, 2010
After six hours of deliberation yesterday, a Pennsylvania jury reached a defense verdict in the case of Foust v. Wyeth. This case comes on the heels of a number of plaintiffs victories. Just this past Monday a jury issued a verdict for the plaintiff in Singleton v. Wyeth, finding $3.45 million in compensatory damages and $6 million in punitive damages.
In Foust, the jury found for Wyeth on causation. One reason might be this, as reported by The Legal Intelligencer:
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.
You don't see those kinds of facts every day. The jury did find that Wyeth failed to adequately warn consumers about the risk of the drug.
h/t George Conk