In an opinion reducing punitive damages awarded to a breast cancer survivor by almost $70 million, Senior Judge Norman Ackerman has become the first Philadelphia Common Pleas Court judge to uphold a jury finding that drugmaker Wyeth failed to warn a plaintiff’s prescribing physician of the dangers of breast cancer from using Wyeth’s hormonal drugs.

A Philadelphia jury awarded $75 million in punitive damages and $3.7 million in compensatory damages last fall in Barton v. Wyeth.