Legal Opinion

Donna Scroggin v. Wyeth

Court of Appeals for the Eighth Circuit

Decided November 2, 2009No. 08-2555, 08-2711, 08-2713PublishedCited by 3 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Donna Scroggin was diagnosed with breast cancer eleven years after she began taking estrogen and progestin drugs manufactured by Wyeth Pharmaceuticals Inc. (Wyeth) and Pharmacia & Upjohn Co. (Upjohn). 1 She sued the companies in 2004 for failure to warn of the risk of breast cancer from combination hormone therapy. The trial was bifurcated, with liability determined first and punitive damages determined second.

A jury returned a verdict finding Wyeth and Upjohn liable and awarding Scroggin compensatory damages. The district court denied Wyeth’s and Upjohn’s motions for…

2Cases cited35 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Reeves v. Sanderson Plumbing Products, Inc.Supreme Court of the United States · 2000
  3. Wyeth v. LevineSupreme Court of the United States · 2009
  4. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  5. Ashley County, Ark. v. Pfizer, Inc.Court of Appeals for the Eighth Circuit · 2009

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3Cited by3 opinions

  1. In Re Prempro Products Liability LitigationCourt of Appeals for the Eighth Circuit · 2009
  2. United States v. Samuel Mullet, Sr.Court of Appeals for the Sixth Circuit · 2016
  3. United States v. FlowersCourt of Appeals for the Sixth Circuit · 2016

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