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.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]