Wyeth Announces Judge Overturns Verdict and Orders New Trial

MADISON, N.J., May 12 /PRNewswire-FirstCall/ -- Wyeth announced today that in the cases of Lucy Hansen v. Wyeth, Joyce Jensen v. Wyeth and Mildred Hill v. Wyeth, the Court has set aside the jury's November 3, 2004 verdict in these cases and ordered a new trial. The jury had originally found in favor of the plaintiffs, awarding a total of $1,355,000 in compensatory damages.

In his ruling, The Honorable Mark I. Bernstein of the Philadelphia Court of Common Pleas granted Wyeth's motion for a new second phase (liability) trial, determining that the testimony of Dr. Harris Busch, plaintiffs' only liability expert witnesses, was inadequate and in violation of the Pennsylvania Rules of Evidence.

In reaching its conclusion, the Court found that "on cross-examination [of Dr. Busch], it was systematically demonstrated that many of the scientific bases on which his opinion supposedly relied were illogical, inapplicable, or employed circular reasoning."

"We are pleased with the Court's ruling and believe a new trial is appropriate for all the reasons identified in the opinion," says Lawrence V. Stein, Senior Vice President and General Counsel, Wyeth.

On February 23, 2005, Judge Bernstein had previously overturned the verdict of a fourth plaintiff from this trial, Ms. Geri McMurdie, and entered a judgment in favor of Wyeth. The jury had originally found in favor of Ms. McMurdie, awarding her $780,000 in compensatory damages.

The trial of these four Utah plaintiffs began on September 28, 2004 before Judge Bernstein. The plaintiffs alleged heart valve injury from the use of the diet drug Pondimin, a drug once marketed by Wyeth. Plaintiffs are represented by the Blizzard, McCarthy and Nabers and the Williams Bailey law firms from Houston, Texas.

Wyeth is one of the world's largest research-driven pharmaceutical and health care products companies. It is a leader in the discovery, development, manufacturing, and marketing of pharmaceuticals, vaccines, biotechnology products and nonprescription medicines that improve the quality of life for people worldwide. The Company's major divisions include Wyeth Pharmaceuticals, Wyeth Consumer Healthcare and Fort Dodge Animal Health.