Mistrial Declared In Case Of Drug's Alleged Link To Breast Cancer

POSTED: 6:26 pm EDT October 11, 2006

PHILADELPHIA -- A judge delcared a mistrial today in a case in which a married couple won a $1.5 million jury award after blaming a hormone-replacement drug for the woman's breast cancer.

The lawyer for Jennie Nelson of Dayton, Ohio, and a spokesman for drug maker Wyeth, the defendant, both said the grounds for the mistrial were sealed by the Philadelphia judge who declared it.

Tobi Millrood, lawyer for Nelson and her husband, said a new trial has been ordered, but Wyeth spokesman Christopher Garland said the future direction of the case has not been determined.

Madison, New Jersey-based Wyeth has made numerous efforts to have a mistrial declared since the jury verdict was returned October fourth. Wyeth said Nelson did not oppose the latest motion today. Millrood declined comment on that.

Nelson won damages in the suit involving the Wyeth drug Prempro, but had to prove negligence on the part of the company in order to collect. That phase of the case was scheduled to begin this week.