Wyeth suit seeks $10 million over hormone replacement drug

Michelle Keahey Oct. 31, 2011, 3:13am

After being diagnosed with breast cancer, an Orleans Parish woman has filed a lawsuit against the manufacturer of her hormone replacement therapy drugs.

Suzette Fransen Cain and Julius Cain filed suit against Wyeth, Wyeth Pharmaceuticals Inc., Pfizer Inc., Pharmacia Corp. and Pharmacia & Upjohn Company on Oct. 21 in federal court in New Orleans.

The defendants are accused of manufacturing hormone therapy drugs that dramatically increase the risk of breast cancer, ovarian cancer, strokes, blood clots and cardiovascular disease. The drugs at issue are Prempro, Premarin, and Provera.

According to the complaint, Cain was prescribed Prempro for over eight years. She was subsequently diagnosed with breast cancer in late 2010 and has undergone a mastectomy and extensive treatment.

The defendants are accused of providing an unreasonably dangerous product, unfair and deceptive trade practices, unjust enrichment, manufacturing a product with redhibitory defects, intentional misrepresentation or fraud, negligently misrepresentation and negligent infliction of emotional distress.

Cain is seeking more than $10 million in damages for loss of earnings, medical expenses, loss of earning capacity, pain and suffering, mental anguish, disability, loss of enjoyment of life, loss of consortium, court costs, interest and attorney's fees.

The plaintiffs are represented by Remy Fransen Jr. of Fransen & Fransen in New Orleans and Chester C. Stetfelt Jr. in Metairie. A jury trial is requested.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:11-cv-02649

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