Judge Pronounces Mistrial in Prempro Case

By Daniel Hawn

Published on October 16, 2006

On Thursday, Oct. 12, Judge Norman Ackerman abruptly declared a mistrial in the case between Ohio resident Jennie Nelson and drugmaking giant Wyeth. Attorneys for the parties involved said that Ackerman sealed the grounds for the declaration. The case stemmed from Nelson’s claim that taking Prempro, a popular hormone replacement therapy, caused her to contract breast cancer.

The mistrial came after an Oct. 4 jury decision that found in favor of Nelson and awarded her and her husband compensatory damages of $1.5 million. Punitive damages were possible in a second phase of the trial.

The attorney representing Nelson has said he would like to bring the trial back up for consideration at a later date. Wyeth did not comment on the mistrial other than to issue a statement acknowledging the fact.

Jennie Nelson’s case has been closely watched by thousands of women and law firms nationwide. It is only the second of nearly 5,000 suits that claim Prempro and its sister medication, Premarin, caused breast cancer. The suits accuse Wyeth of failing to notify doctors and patients of the risks regarding Prempro, including the increased risk of breast cancer.

Wyeth won the first Premarin case, held in Arkansas in September.

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