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Wyeth’s Motion to Overturn Punitive Damages Award Granted by Arkansas Court


Appeal of Compensatory Award Will Now Proceed --

Madison, N.J.– Wyeth (NYSE:WYE) confirmed today that its motion for judgment as a matter of law on the punitive damages award in the hormone therapy case of Donna Scroggin v. Wyeth, in the U.S. District Court, Eastern District of Arkansas, has been granted by the court. This ruling vacates the punitive damages award of $19,360,000 rendered by the Little Rock jury. The decision also clears the way for Wyeth to appeal the compensatory damages award of $2.75 million.

“We always believed there was no basis in fact or law for either award in this case,” says Lyn P. Pruitt, an attorney with Mitchell, Williams, Selig, Gates & Woodyard, PLLC, a firm representing Wyeth. “We are pleased with the Court’s decision vacating the punitive damages award and we look forward to presenting our arguments against the compensatory award to the Court of Appeals.”

The court’s ruling also vacates the $7,760,000 punitive damages award against co-defendant Upjohn.

The first phase of the trial began on February 5, 2008 before The Honorable William R. Wilson. The punitive damages phase began on March 3, 2008. The plaintiff alleged that she developed breast cancer from the use of Premarin® and Premproâ, products marketed by Wyeth, as well as Provera, a product marketed by Upjohn.

Premarin (conjugated estrogens tablets USP) and Prempro (conjugated estrogens/medroxyprogesterone acetate tablets) are approved by the U.S. Food and Drug Administration as safe and effective when used as indicated.


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