A Pennsylvania state judge ruled on Tuesday, January 30, 2007 that drug maker Wyeth will not have to pay punitive damages to an Arkansas couple in their lawsuit over breast cancer caused by the drug Prempro.

On January 29, the jury in Mary and Tom Daniel’s case against Wyeth found Wyeth responsible for Mary Daniel’s breast cancer. The jury had concluded in their verdict that Wyeth acted with malice, or reckless indifference, to the safety of Mary Daniel by failing to warn the public about the breast cancer risks associated with their product. The standard for such conduct is “malicious, wanton, willful, or oppressive, or showed reckless indifference.”

Common Pleas Judge Myrna Field ruled that there was not sufficient evidence presented at the trial for the jury to reach the conclusion that Wyeth had acted with malice. Personal injury lawyers for both sides could not comment on the verdict, as they are bound by a gag order.

The jury is allowed to continue deliberating on a dollar amount for punitive damages; however, that amount will not be disclosed to the public unless a higher court overrules the judge’s decision. Parties who are found responsible for personal injury damages may appeal such decisions to higher courts.

Source: Joann Loviglio, “Judge: No punitive damages in menopause drug case,” Associated Press,” January 30, 2007.