A court in Woburn, Massachusetts issued a verdict ordering the tobacco company Philip Morris to pay $9,685,414.00 to a patient whose cancer and other health problems are the result of decades of smoking cigarettes marketed by the company. The company owns many of the most popular cigarette brands sold in the United States, including Marlboro, Benson and Hedges, and Virginia Slims, and has faced lawsuits from many plaintiffs who claimed that the company misled them about the dangers of smoking.
The plaintiff began smoking cigarettes in the early 1970s, when she was in her early teens. In other words, she was introduced to cigarettes after the Surgeon General’s report in the early 1960s made the first public statement about the health risks associated with tobacco use but before the current laws designed to restrict smoking in public places, to prohibit the sale of tobacco products to minors, and to prevent young people’s exposure to opportunities to take up smoking went into effect. She quit smoking for several months when she was in her 20s, but she returned to the habit.
In 2013, the plaintiff received a diagnosis of cancer and underwent chemotherapy to treat the cancer. As a result of the treatments, she suffered from kidney failure.
The plaintiff filed a lawsuit against Philip Morris, alleging that the company conspired with other entities to hide the dangers of tobacco and nicotine, including the fact that nicotine is one of the world’s most addictive substances, from consumers. In her lawsuit, she requested more than $29 million in damages, including economic and non-economic damages. She requested that the company be held liable for conspiracy to conceal the dangers of smoking and for breach of merchantability warranty.
The lawsuit resulted in a jury trial, and the jury spent eight hours deliberating before returning a verdict. They determined that Philip Morris was liable for conspiracy but not for breach of merchantability warranty. The court awarded the plaintiff $9,685,414, of which $6.5 million is non-economic damages for pain and suffering and the rest of the money is to cover the expenses associated with her smoking-related medical problems.
Although lawsuits against tobacco companies, especially those filed in the past 25 years, have resulted in stricter regulations regarding the marketing of tobacco products, fewer than half of the product liability lawsuits filed against tobacco companies have resulted in verdicts in favor of the plaintiff; before 1994, almost all cases ended in victories for the defendant. Because of patients’ lawsuits against tobacco companies, cigarette packages must now carry warning labels, and it is illegal to advertise cigarettes in places where children are likely to see the ads, such as on television.
The fact that this case ended with the plaintiff receiving a settlement sufficient to cover her financial losses speaks to the strong case presented by her lawyers, especially since tobacco companies put enormous resources into defense against lawsuits like this one. The plaintiff’s win would not have been possible without compelling, carefully presented medical expert witness testimony.
Sources
https://cvn.com/proceedings/patricia-greene-et-al-v-philip-morris-usa-et-al-trial-2019-09-03
