STEPHEN FOUST, PERSONAL REPRESENTATIVE AND EXECUTOR OF THE ESTATE OF CHERYL FOUST
v. WYETH PHARMACEUTICALS, INC., et al,
COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
Cheryl and Stephen Foust were life partners for thirty-eight years. They lived together, they worked together, they had three beautiful daughters, and six grandchildren. Every part of their lives was intertwined. Unfortunately, their life partnership abruptly ended on December 6, 2005 when Cheryl Foust died from breast cancer caused by the reckless, careless, and malicious acts of Wyeth, a pharmaceutical giant.
This is a products liability action involving Wyeth’s combined estrogen plus progesterone (E+P) product Prempro. Cheryl took Prempro from 1999 until she was diagnosed with breast cancer in March 2003. Despite the fact that Wyeth knew its drug caused cancer, it failed provide warnings to millions of women like Cheryl Foust. Instead of warning Cheryl about the risks of breast cancer, Wyeth spent millions of dollars touting the benefits of Prempro, promoting it for unapproved uses while downplaying the risks. It is estimated that Wyeth’s conduct caused approximately 128,000 breast cancer cases between 1995 and the date of Cheryl’s diagnosis. If Wyeth had not chosen to put profits above safety, thousands of lives would have been saved including Cheryl’s. Instead, tens of thousands of families are left to pick up the pieces.
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