By Denise Lavoie 
Associated Press

Four sisters who claimed their breast cancer was caused by a drug their mother took during pregnancy in the 1950s reached a settlement Wednesday with Eli Lilly and Co. in the first of scores of similar claims around the country to go to trial. 

Neither Eli Lilly nor lawyers for the women would disclose the financial terms of the settlement, which was announced on the second day of testimony during a federal trial in Boston.

Eli Lilly said it continues to believe its medication "did not cause the conditions alleged in this lawsuit" but the settlement was in its "best interest."

"Settling this trial helps us get back to what we want to focus on as a company; developing important new medications through research and partnerships with doctors and patients," it said in a statement.

A total of 51 women, including the Melnick sisters, filed lawsuits in Boston against more than a dozen companies that made or marketed a synthetic estrogen known as DES.

DES, or diethylstilbestrol, was prescribed to millions of pregnant women over three decades to prevent miscarriages, premature births and other problems. It was taken off the market in the early 1970s after it was linked to a rare vaginal cancer in women whose mothers used it.

Studies later showed the drug did not prevent miscarriages.

Attorney Aaron Levine, representing the Melnick sisters, told the jury during opening statements that Eli Lilly failed to test the drug's effect on fetuses before promoting it as a way to prevent miscarriages.

Lawyer James Dillon, for Eli Lilly, told the jury that there was no evidence the drug causes breast cancer in the daughters of women who took it.

Dillon also said that no medical records show the mother of the four Melnick sisters took DES or that, if she did take it, it was made by Eli Lilly. Leading researchers at the time recommended that DES be used for pregnant women who had consecutive miscarriages, he said.

DES was not patented and was made by many companies.

The Melnick sisters, who grew up in Tresckow, Pa., said they all developed breast cancer in their 40s.

Levine told the jury their mother did not take DES while pregnant with a fifth sister and that sister has not developed breast cancer.

The four Melnick sisters also had miscarriages, fertility problems or other reproductive tract problems long suspected of being caused by prenatal exposure to DES. They were diagnosed with breast cancer between 1997 and 2003 and had treatments ranging from lump-removal surgery to a full mastectomy, radiation and chemotherapy.

Thousands of lawsuits have been filed alleging links between DES and vaginal cancer, cervical cancer and fertility problems. Many of those cases were settled.

Attorney Andrew Meyer, who's handled numerous medical malpractice cases, said the settlement in this case could signal settlements in other cases.

"When one settles a case, they recognize they can lose it," he said. "The reason they can lose it is because there's enough evidence for the plaintiffs to be able to win it. So it's not just optics, it isn't."

Columbus, Ohio, resident Irene Sawyer also is suing Eli Lilly, alleging that her prenatal exposure to DES caused her breast cancer. She called the settlement "a huge victory" for DES daughters.

"The bottom line is that this company put out a drug without testing, without knowing the consequences of this drug," she said. 

It's wonderful, she said, that drug companies "are starting to realize this is not right, that there are consequences."

By Jonathan Stempel
Reuters  

Dr Pepper Snapple Group Inc, the maker of 7UP, was sued on Thursday for allegedly misleading consumers over the supposed health benefits of an antioxidant it uses in some varieties of the soft drink.

The Center for Science in the Public Interest, an advocacy group for food safety and nutrition, said the company's advertising and packaging suggest that the drinks contain antioxidants from blackberries, cherries, cranberries, pomegranates and raspberries, rather than added Vitamin E.

Chris Barnes, a Dr Pepper Snapple spokesman, in an emailed statement called the lawsuit "another attempt by the food police at CSPI to mislead consumers about soft drinks."

Antioxidants help protect cells from damage caused by free radicals, which are unstable molecules associated with cancer, according to the National Cancer Institute.

In December 2008, the U.S. Food and Drug Administration objected to labeling in which Coca-Cola Co described its now-discontinued Diet Coke Plus drink as "Diet Coke with Vitamins & Minerals."

The FDA told the world's largest soft-drink maker it "does not consider it appropriate to fortify snack foods such as carbonated beverages."

Barnes said Dr Pepper Snapple's label for 7UP Cherry meets FDA regulations, and says the drink does not contain juice. He also said a new formulation of that product, to be available in February, will not contain antioxidants.

Thursday's lawsuit was filed with the U.S. District Court in Los Angeles. It seeks class-action status on behalf of purchasers nationwide of the products, a variety of financial damages, and a halt to the alleged misleading advertising.

The named plaintiff is David Green, a resident of Sherman Oaks, California, who said he would not have bought the soft drinks had he known their antioxidants did not come from fruit.

Dr Pepper Snapple launched 7UP Cherry Antioxidant in 2009. It also sells a diet version of that product, as well as 7UP Mixed Berry Antioxidant and Diet 7UP Mixed Berry Antioxidant, according to its website.

Shares of Dr Pepper Snapple closed down 30 cents at $43.24 in Thursday trading on the New York Stock Exchange.

The case is Green v. Dr Pepper Snapple Group Inc, U.S. District Court, Central District of California, No. 12-09567.

CHICAGO - An Illinois appellate court Friday affirmed a lower court finding that the state cannot force pharmacies and pharmacists to sell emergency contraceptives - also known as "morning after" pills - if they have religious objections.

In 2005, former Illinois Gov. Rod Blagojevich mandated that all pharmacists and pharmacies sell "Plan B," the brand name for a drug designed to prevent pregnancy following unprotected sex or a known or suspected contraceptive failure if taken within 72 hours.

Some anti-abortion advocates object to the drugs, which work by preventing the release of an egg, preventing fertilization or stopping a fertilized egg from attaching to the uterus.

College vending machine dispenses 'morning after' pill

In 2011, an Illinois judge entered an injunction against the rule, finding no evidence that the drugs had ever been denied on religious grounds, and that the law was not neutral since it was designed to target religious objectors.

The Illinois appellate court agreed that the Illinois Health Care Right of Conscience Act protects pharmacists' decision not to dispense the contraceptives due to their beliefs.

Free birth control under health law begins

"This decision is a great victory for religious freedom," said Mark Rienzi, senior counsel for the Becket Fund, quoted in a statement about the decision.

Earlier this year, a federal court in Washington struck down a similar state rule, according to the Becket Fund, a non-profit law firm.

The American Civil Liberties Union of Illinois, which had filed an amicus brief on behalf of the state, expressed dismay at the court's decision.

Long-term contraceptives, like IUDs, gaining popularity

"We are dismayed that the court expressly refused to consider the interests of women who are seeking lawful prescription medication and essentially held that the religious practice of individuals trumps women's health care," said ACLU spokesman Ed Yohnka. "We think the court could not be more wrong."

A spokesperson for Illinois Governor Pat Quinn was not immediately available for comment.

Read more health news on NBC's Vitals

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