Wyeth was told by a jury to pay $1.8
million to a Texas woman after concluding that her heart was
damaged by the drugmaker's fen-phen diet pills.
The verdict is the first in a lawsuit by one of the
thousands of consumers who refused to join the company's $3.75
billion class-action settlement of fen-phen litigation. The award
for Deborah Hayes is also the sixth fen-phen case Wyeth has lost
since it yanked the drugs off the market in 1997.
``This sends a message that this is a serious condition and
juries are capable of appreciating that,'' said Jim Morris, a
lawyer representing the 46-year-old Hayes.
The state court verdict in Beaumont, Texas, comes two weeks
after Wyeth officials announced they were taking a third-quarter
loss to set aside another $2 billion for fen-phen lawsuits. The
company has reserved a total of $16.6 billion to cover the cost
of defending and settling fen-phen cases.
Doctors wrote more than 6 million prescriptions for the fen-
phen combination of diet pills, which included Wyeth's Pondimin
or Redux drugs and generic phentermine, before the products were
pulled from the market in 1997. The company began settling fen-
phen suits after some juries concluded it hid the combination's
health risks. Wyeth has won just one of seven fen-phen cases that
have gone to trial.
Officials of Madison, New Jersey-based Wyeth weren't
immediately available for comment on the verdict today. The Texas
jurors deliberated a total of seven hours before concluding
Wyeth's diet drugs were responsible for Hayes' heart damage.
Wyeth shares fell 20 cents to $42.84 at 2:58 p.m. on the New
York Stock Exchange.
Rejected Settlement
Company officials said earlier this year that 90,000 former
fen-phen users have chosen to sue Wyeth individually rather than
join the nationwide settlement.
Under that accord, the company set aside $1 billion for
future medical checkups for former diet-drug users who have shown
no adverse symptoms, and $2.35 billion to resolve individual
suits.
The class settlement allows consumers unhappy with the
compensation provided under the accord to opt out and take their
claims to trial. They can't seek punitive damages, however. Hayes
is the first of these so-called ``intermediate opt-outs'' to have
her case considered by a jury.
Hayes, of Lumberton, Texas, testified during her two-week
trial that she took the diet drugs for six months in 1996 and
later was diagnosed with mild damage to her heart valves.
Jurors awarded Hayes $812,480 for her past and future
medical bills in connection with the heart problem and $550,000
for her past and future mental anguish over the illness.
Wyeth's lawyers vowed to ask Judge James Sanderson to reduce
the award because Hayes' lawyers only sought $35,000 for her
future medical expenses.
``There's no evidence that she needs future medical expenses
in that amount,'' said Bill Sims, a Houston-based lawyer for the
company.
11/06/03