Pa. Court Reverses Grant of New Trial to Wyeth in Prempro Case

PHILADELPHIA - The Pennsylvania Superior Court has reversed a trial court's order granting Wyeth Pharmaceuticals a new trial in a Prempro breast cancer case, finding no basis in the record to support the drug maker's contention that a plaintiff's witness, who did not appear as a live witness, recanted his deposition testimony. Daniel v. Wyeth Pharmaceuticals, Nos. 2626 EDA 2007, 2690 EDA 2007 (Pa. Super. Ct.).

On Feb. 7 the Superior Court also reversed the trial court's grant of Wyeth's motion for judgment notwithstanding the verdict on the availability of punitive damages, finding evidence in the record that Wyeth knew …