Pennsylvania appellate court increases exemplary award beyond amount permitted by trial court
Barton v. Wyeth Pharmaceuticals, Inc. (Pa. App. Jan. 3, 2012)
Decision: official
Opinion by Presiding Justice Emeritus Kate Ford Elliott
Hormone replacement therapy (HRT) case in which plaintiff sued Wyeth and obtained $3.7 million in compensatory damages and $75 million in exemplary damages, remitted by the trial judge to $5.6 million (1.5 times compensatories). On federal due process review, the appellate court held the trial court had erred in reducing the award too much, and raised the amount to $7.5 million (twice compensatories).