Judge Joanna Seybert
The drug Prempro was designed, developed, made and distributed by Pennsylvania-based Wyeth Pharmaceuticals Inc. (Wyeth). New Jersey resident Golden used Prempro from 1988 through 2002. Her complaint against Wyeth alleged that her use of Prempro caused a malignant breast tumor, requiring a mastectomy in January 2003. Applying New York's choice of law analysis, the court granted Wyeth application of New Jersey's law to Golden's substantive claims, and also granted Golden application of Pennsylvania law to her request for "conduct-regulating" punitive damages. New Jersey, where Golden was injured, was the location of the tort. In applying Pennsylvania's law to Golden's punitive damages request district court noted that, as in Deutsch v. Novartis Pharms. Corp., Golden alleged Wyeth inadequately reported testing and clinical trial results, and omitted or concealed information from the Food and Drug Administration. In finding that, as to punitive damages, Pennsylvania had the greater interest in application of its laws the court, citing Bryant v. Wyeth, observed that in Pennsylvania the purpose of punitive damages is to punish a tortfeasor and deter him or others like him from similar conduct.
