Wyeth said today it will appeal today's verdict in the case of Jerry Coffey (representing the estate of Cynthia Cappel-Coffey), et al. v. Wyeth, et al.
A Texas jury awarded $1 billion to the family of a woman who died after using one of the drugs in the fen-phen diet drug regimen, Wyeth, maker of the drug, said on Tuesday.
The trial began on March 15th before Judge Donald Floyd in District Court of Jefferson County, Texas, 172nd Judicial District. The plaintiffs alleged that Ms. Cappel-Coffey died as a result of Primary Pulmonary Hypertension (PPH) caused by her use of the diet drug Pondimin. According to Bill Sims, an attorney representing Wyeth in the case, the evidence shows that at the time she took the drug, Wyeth had acted responsibly and had provided adequate PPH warnings in compliance with FDA regulations.
It is important to note that PPH cases are distinctly different from heart valve cases and represent only a fraction of one-percent of diet drug litigation. "There is absolutely no basis in the record for the amounts awarded. While we sympathize with the Coffey family's loss, the verdict was contrary to the evidence presented and the judgment far exceeds Texas' own statutory cap on punitive damages," says Bill Sims. "We strongly disagree with and will contest the plaintiffs' efforts to lift the Texas cap on punitive damages in this case.