MARY AND THOMAS DANIEL v. WYETH PHARMACEUTICALS INC WYETH AYERST PHARMACEUTICALS INC WYETH AYERST INTERNATIONAL INC WYETH LABORATORIES INC WYETH PHARMACEUTICALS DIV OF WYETH DIV OF AMERICAN HOME PRODUCTS CORP WYETH INC AMERICAN HOME PRODUCTS CORP 318 (2011)

Supreme Court of Pennsylvania.

MARY AND THOMAS DANIEL, Respondents v. WYETH PHARMACEUTICALS, INC. WYETH–AYERST PHARMACEUTICALS, INC., WYETH–AYERST INTERNATIONAL, INC., WYETH LABORATORIES, INC., WYETH PHARMACEUTICALS, DIV. OF WYETH, DIV. OF AMERICAN HOME PRODUCTS CORP., WYETH INC. A/K/A AMERICAN HOME PRODUCTS CORP., Petitioner Nos. 318–

19 EAL 2011

Decided: December 06, 2011

ORDER

AND NOW, this 5 th day of December, 2011, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue, as stated by Petitioner, is:

Whether the Superior Court erred in reversing the trial court's grant of JNOV for Wyeth on [Respondents'] punitive damages claim under Pennsylvania law, where (a) the FDA extensively reviewed and approved the prescription drug at issue, the sufficiency of the testing for that drug, and the drug's label warnings of the risk of breast cancer, (b) there was no evidence that Wyeth concealed information from or misled the FDA or knew that the risk of breast cancer was greater than disclosed in its warnings, and (c) the drug was extensively tested and studied by Wyeth and independent researchers?

PER CURIAM

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