Mistrial Declared in Prempro Case; $1.5M Award Against Wyeth Voided |
Philadelphia Daily News |
October 12, 2006—A case in which a married couple won a $1.5 million jury award after blaming Prempro, a hormone-replacement drug, for the woman's breast cancer ended yesterday with a a mistrial. The lawyer for Jennie Nelson, of Dayton, Ohio, and a spokesman for drug maker Wyeth, the defendant, both said the grounds for the mistrial were sealed by the judge who declared it. The ruling, by Philadelphia Common Pleas Court Judge Norman Ackerman, means the verdict in first phase is overturned, Wyeth said in the release. That phase concerned the award. "The circumstances that led to this situation was a steady, steady beat of the mistrial drum by Wyeth," said Tobi Millrood, lawyer for Nelson and her husband. Wyeth, based in Madison, N.J., made numerous efforts to have a mistrial declared since the jury verdict was returned Oct. 4. Wyeth filed the successful motion yesterday morning and said that Nelson did not oppose it. Millrood would not clarify that claim. A new trial has been ordered, Millrood said, but Wyeth spokesman Christopher Garland said the future direction of the case has not been determined. |
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