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LITTLE ROCK, Ark. (AP) A federal appeals court says Wyeth Pharmaceuticals will get a new trial to determine if the drugmaker should pay punitive damages to a woman who got breast cancer after taking hormone replacement therapy.

An ArKansas jury had awarded Donna Scroggin $2.75 million in compensatory damages and $27 million in punitive damages. Jurors said Wyeth inadequately warned Scroggin that drugs Premarin and Prempro carried an increased risk of breast cancer. The suit also involved Upjohn's estrogen-only drug Provera.

A federal judge struck down the punitive damages.

Monday's appeals court ruling agrees Upjohn shouldn't pay punitive damages. It says a new trial must determine if Wyeth should pay them.

Both Madison, N.J.-based Wyeth and Upjohn are now part of New York-based Pfizer Inc.

(Copyright 2009 by The Associated Press. All Rights Reserved.) APNP 11-02-09 1738CST | save this article / add to your favorites list