A recent appellate court ruling upheld a $45 million against Pfizer Inc. which has operations in Pennsylvania. The award was in favor of two women after they sued Wyeth and Pharmacia & Upjohn for injuries sustained after taking the menopause medication Prempro. They reportedly contracted cancer as a result of the pharmaceutical.

Historically, menopause drugs like Prempro were prescribed to more than 6 million women nationwide who experienced menopause symptoms such as mood swings and hot flashes. Many stopped the practice shortly after a study done in 2002 linked such drugs to cancer. The study prompted a barrage of lawsuits against Pfizer, many of which were consolidated. Both Prempro as well as Premarin are still being marketed.

The Pennsylvania Superior Court ruled that both plaintiffs in the lawsuit should receive not only compensatory damages, but punitive damages as well. The first woman was initially awarded a total of $78.7 million by a jury in the fall of 2009. Of that amount, $3.7 million was for compensatory damages. The remaining $75 million was for punitive damages. The punitive damages were reduced to $5.6 million. In the panel's recent decisions the woman awarded a total of $11.2 million.

Later that fall a jury awarded the other woman $34.3 million — $28 million in punitive damages and $6.3 million in compensatory damages. That punitive award was reduced to $1 million by a judge. Recently the panel awarded her $34.3 million.

A spokesman for Pfizer indicated that the company is planning to request that the Pennsylvania Supreme Court review the findings of the lower court.

Source: Bloomberg, "Pfizer Must Pay $45 Million in Prempro Cases, Court Rules," Jef Feeley, Jan. 4, 2012