Recanted Prempro Testimony Would Have Altered Verdict, Judge Says

PHILADELPHIA - A judge has affirmed a decision to vacate a nearly $1.5 million Prempro award, finding that jurors would never have returned the verdict if they heard from a plaintiff's expert who didn't testify at trial because he no longer believed that the HRT caused the plaintiff's cancer. Daniel v. Wyeth Pharmaceuticals, No. 2004-2368 (Pa. Comm. Pls., Philadelphia Cty.).

Philadelphia Common Pleas Court Judge Allen L. Tereshko said Sept. 24 that defendant Wyeth was prejudiced during trial because the company wasn't made aware of the expert's recanted causation testimony until after jurors awarded damages to plaintiff Mary Daniel.

Daniel's …