Wyeth back in Court

Breast Cancer Survivor Arlene Rowatt sat through the nearly two hour hearing, listening to why she is and isn't entitled to the 43-million dollars she received from a jury last October.

"In my mind the way I see it. Tthey are fined. And they say we don't deserve a fine. Even though the jury found us guilty we don't believe we have to pay anything, we paid."

Rowatt and two other women sued the pharmaceutical company, saying their hormone medications both Premarin and Prempro, gave them breast cancer.

In the end the jury in the case awarded the women 35-million dollars in compensatory damages and 99-million in punitive damages.

Wyeth says that's 30-times greater than than damages awarded in other cases and two-times the profit Wyeth made here in Nevada during the period of time the women were taking their drug.

Plaintiff Jeraldine Scofield says that's the point of punitive damages, to punish.

It's frustrating and I think it is sad that people can look at this and not know really how serious it is and how badly it affects the rest of your life and your family."

Judge Robert Perry says he'll make a decision no later than Tuesday.
He must determine if the jury based its decision on prejudice or passion or something outside that which was admitted in court.

Legal experts say it would be rare for the judge to lower a jury award because that's the function of a jury. The case though could easily be appealed to Nevada's Supreme Court.