British Columbia's Supreme Court deals blow to Wyeth on HRT case

Wyethis far from over with litigation in the US over its hormone replacement therapies, and now it has been unable to block a British Columbia lawsuit, clearing the way for a possible class action in Canada that alleges that the company's HRT products cause breast cancer. In Canada, the products are known as Premarin and Premplus, while in the US multidistrict litigation concerns Premarin and Prempro.

The Supreme Court of British Columbia denied an attempt by Wyeth, Wyeth Pharmaceuticals and Wyeth-Ayerst International to dismiss the Canadian proceeding due to lack of jurisdiction. Justice Miriam Gropper concluded that the plaintiff had established a connection between British Columbia and the subject matter of the litigation.

Specifically, Judge Gropper stated in a ruling released June 26th: "In weighing all the factors, I find that the US defendants' admitted engagement in activities in relation to the Canadian companies and to consumers in Canada is sufficient to establish a real and substantial connection. In particular, these activities consist of 'harmonisation' and 'co-ordination' of matters involving core monograph and labelling requirements, the efficacy of the products, and the collecting and sharing of other clinical research or trial information."

The judge further noted that the plaintiff "has established a real and substantial connection between British Columbia and the facts upon which the proceeding is based both in regard to the tort committed in British Columbia and the business carried out in British Columbia."

Wyeth and Wyeth Ayerst International had tried to argue that the court lacks territorial competence over them under the Court Jurisdiction and Proceedings Transfer Act (CJPTA). Their position is that there is no real and substantial connection between British Columbia and the facts upon which the proceeding against them is based.

So far, the Canadian suit has one plaintiff, Dianna Stanway. Her lawyer, David Klein, told the Canadian Press that he would now attempt to get the case "back on track toward getting it certified as a class action". He noted that if the class-action lawsuit is approved by the court, women across Canada would be able to enter the lawsuit, with the court’s approval.

Wyeth said in a securities filing last month that, in the US, it is defending itself against about 5,400 suits pertaining to Premarin and Prempro, which are still on the market. The suits are in various federal and state courts for personal injuries; they include claims for breast cancer, stroke, ovarian cancer and heart disease, allegedly resulting from use of either product. Wyeth further stated that of the 27 hormone therapy cases alleging breast cancer that have been resolved after being set for trial, 22 have now been resolved in the company’s favour (by voluntary dismissal by the plaintiffs, summary judgement, defence verdict or judgement for the company notwithstanding the verdict), several of which are being appealed by the plaintiffs. Of the remaining five cases, two have been settled.