The state Superior Court has ruled that U.S. constitutional law does not preclude awarding punitive damages in a Pennsylvania court on behalf of an Arkansas plaintiff who alleged her breast cancer was caused by her use of drugmaker Wyeth’s hormone replacement therapy drug.
The Superior Court’s ruling Monday in Daniel v. Wyeth revives a compensatory damages award of $1.7 million and a punitive damages award that was sealed against a Pennsylvania-based pharmaceutical company. Plaintiffs’ counsel Mark R. Cuker and Esther Berezofsky, of Williams Cuker Berezofsky in Philadelphia, said that the punitive damages award was $8.6 million.
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