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Jump to full article: Palm Beach (FL) Post, 2011-04-30
Intro: Two letters critical of the jury verdict in a recent Palm Beach County tobacco trial reflected a common misunderstanding of what these cases on behalf of the survivors of deceased smokers are all about.
A basic premise of all the pending tobacco cases is that every smoker - no matter how heavily addicted to nicotine - has the ability and responsibility to overcome his or her addiction. Plaintiffs accept that responsibility, and acknowledge the contribution smokers have made to their own early deaths. However, success in quitting requires both internal motivation and external support, and for 50 years the tobacco industry did everything it could to undermine those essential components of success.
Despite the irrefutable evidence of an intentional campaign to keep addicts addicted, tobacco companies steadfastly refuse to admit that they have played any role in contributing to the deaths from smoking-related diseases of more than 400,000 Americans every year. . . .
Personal responsibility is extremely important - but so is corporate responsibility.
Two letter-writers critical of Mary Tullo - "Grandma knew what government won't say" and "Smoker's heirs reap reward because he wouldn't quit" - would judge smokers in a vacuum, as though anyone with knowledge would be able to make a wise decision.
What they overlook are actions of cigarette manufacturers to influence the conduct of smokers and would-be smokers, such as lacing the product with addictive drugs designed to create cravings for that first drag and physical hardship upon those seeking to abandon the habit. . . .
Also overlooked is the massive investment of money in advertising to undermine and overwhelm the warnings of the government. How does one press conference per month by the surgeon general compare to the relentless bombardment of ads on TV, not to mention the beautiful vistas surveyed by the Marlboro Man.
True, younger smokers have far more information at their fingertips in forming their decision. But as every parent of a teenager knows, delivering information does not automatically lead to reception of the message.
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Supreme Court to look at $79.5 million Philip Morris judgment
Jump to full article: Fredericksburg (VA) Free Lance-Star, 2006-06-05
Intro: American juries in punitive-damage cases have too often gone overboard. The prevailing sentiment at judgment time seems to be "Stick it to the man." The courts are littered with judgments so out of line with actual harm suffered by plaintiffs that in many instances, awards are dramatically reduced or thrown out altogether on appeal.
So how much is too much? That's the question to be decided by the Supreme Court, as it agreed last week to consider a $79.5 million punitive fine against tobacco giant Philip Morris. . . .
Cigarette smoking is a dead-end habit, to be sure, and foolish to the extreme, but only the most fervent anti-smoking zealot could suggest that its dangers are not well recognized. . . .
At the very least, if these outlandish amounts are to act as lessons, we should put the money awarded into the public purse, rather than private wallets--including those of the attorneys who benefit so handsomely under the current system.
If punitive damages are really meant to "show 'em," let's avoid the perception that it's all about the Benjamins. Put the "example" money into the treasury--perhaps into education funds or even, in this case, anti-smoking campaigns. One suspects, though, that attorneys and their clients would be far less suit-happy if they couldn't reap a financial windfall from the verdict.
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Smoker of 50 years claims companies misled him
Jump to full article: Prince George's (MD) Journal, 2002-08-17
Author: ERIC HARTLEY / Journal staff writer
Intro: A Fort Washington man is suing two tobacco companies, claiming he got lung cancer after more than 50 years of smoking and that the companies conspired to cover up the health risks of cigarettes.
In a lawsuit moved to U.S. District Court last month, Robert Waterhouse says he started smoking in 1947, at least a year after tobacco companies were aware cigarettes might cause cancer.
Reached by phone, Waterhouse declined to give his age. His lawyer said Waterhouse is in his late 60s or early 70s. . .
Nilson said, however, that people who sue tobacco companies usually fail because they overreach.
"People paint with a very broad brush when they conclude that cigarettes have caused their difficulty," he said. "It's not always that straightforward."
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