The Pennsylvania Supreme Court has refused to disturb a lower court ruling that Wyeth is liable for punitive damages for its marketing and sale of Prempro, a hormone therapy that combines estrogen and progestin. An epidemiologist has estimated that the use of estrogen plus progestin caused approximately 8,000 to 15,000 extra breast cancers each year for women between 50 to 69 years of age. Wyeth asked the Supreme Court to consider whether its compliance with FDA safety standards should, as a matter of law, negate this liability. CCL’s Andre M. Mura wrote an amicus curiae brief on behalf of the Pennsylvania Association of Justice, arguing that there was sufficient record evidence to demonstrate that Wyeth had superior knowledge of Prempro’s cancer-related risks but failed to warn physicians and in doing so acted in reckless disregard of patient safety. Further, CCL argued that FDA approval of a drug and its label, and FDA oversight of drug safety after a drug is marketed for sale, do not absolve a drug manufacturer of its duty under federal and state law to monitor a drug’s safety profile and warn physicians or patients of known risks. More than one year after briefing and oral argument, the high court dismissed the appeal as improvidently granted, which means the lower court’s ruling permitting punitive damages will stand.