WEST PALM BEACH, Fla. - The $5 million punitive damages portion of what was originally an $8 million verdict was vacated May 2 by a Florida appeals court, which found that the reliance required for the fraudulent concealment claim on which the punitive damages award was based was outside the state's statute of repose (Philip Morris USA Inc. v. Elaine Hess, as Personal Representative of the Estate of Stuart Hess, No. 4D09-2666, Fla. App., 4th Dist.; 2012 Fla. App. LEXIS 6882).