LOS ANGELES - A woman with lung cancer will accept a reduced $28 million punitive damage judgment against cigarette maker Philip Morris but will appeal a judge's decision to slash a jury's original $28 billion award, her attorney said Tuesday.

Superior Court Judge Warren L. Ettinger failed to properly state his reason for settling on the $28 million figure, said Michael Piuze, attorney for 64-year-old Betty Bullock. If Bullock did not accept the lower figure she would face a retrial of the punitive damages phase before Ettinger, Piuze said. There is no conflict in accepting the judgment and appealing the reduction, he said. "It's not an either-or kind of thing," he said, adding that his firm has had success in pursuing the strategy of accepting a reduced judgment and then appealing the reduction. Piuze suggested that a reduction to $450 million — a punitive-to-compensatory damages ratio of more than 500-to-1 — would have been more appropriate. Bullock, of Newport Beach, is in the late stages of cancer, according to Piuze. "She didn't want to go quietly; she's done her part," he said, describing her condition as very poor. "She is in serious, significant pain." The judge last week upheld the jury's decision that Philip Morris was at least partially responsible for Bullock's cancer, but found the $28 billion punitive award excessive. He termed $28 million "a reasonable sum to be awarded against Philip Morris in these circumstances." The punitive damages in the case are atop $750,000 in economic damages and $100,000 for pain in suffering.

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