October 28, 2009

Jury Awards Undisclosed Amount of Punitive Damages Against Pfizer in Prempro Litigation

As reported by Bloomberg and the Associated Press (via the Seattle Times), a Philadelphia jury has awarded an undisclosed amount of punitive damages against Pfizer in litigation over its hormone replacement drug, Prempro. The judge has sealed the amount of the punitive damages award because another trial involving Prempro is pending in the same courthouse. Other lawsuits involving Prempro have resulted in some very large punitive awards.

An order sealing a punitive damages award is rare, but not unheard of. Last year a Los Angeles judge sealed the $50 million award against iPayment CEO Greg Daily. An anonymous source leaked the amount to the press immediately after the award was rendered. The court later ordered the award unsealed. (Full disclosure: Horvitz & Levy is now representing Mr. Daily in his effort to overturn that award.)

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