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A state judge has ruled that Wyeth will not pay punitive damages to a woman who alleged that the pharmaceutical giant's menopause drug was responsible for her breast cancer.
A jury on Monday awarded $1.5 million in compensatory damages to Mary Daniel, 60, and her husband in their lawsuit against the drug maker, one of about 5,000 against Wyeth over hormone drugs Premarin and Prempro.
On Tuesday, Common Pleas Judge Myrna Field ruled that there wasn't sufficient evidence presented at trial for the jury to reach its conclusion that, in addition to the $1.5 million, Wyeth should pay punitive damages as well.
Jurors had concluded in their verdict that Wyeth's conduct was "malicious, wanton, willful, or oppressive, or showed reckless indifference."
When that standard is met, another round of deliberations proceeds to determine punitive damages. The jury was allowed to continue deliberating to determine a dollar amount, though the final figure would remain sealed by the court.
The number could be disclosed, however, if a higher court ends up overruling Field's decision on appeal.
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