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West Virginia Supreme Court Upholds Jury Verdict in Favor of the Tobacco Industry in Medical Monitoring Case 

In affirming the jury's decision, the court found that there was not a "serious challenge to the jury's conclusion ... that exposure to [cigarette smoke] does not 'make it reasonably necessary for all class members to undergo periodic medical examinations different from what would be prescribed in the absence of exposure.'"

Jeff Furr, the attorney for R.J. Reynolds Tobacco Company who served as the lead trial counsel for the tobacco industry, said, "The jury sent a clear message with its verdict: Tobacco companies are not liable for the inherent risks associated with smoking, and if smokers are concerned about those risks, they should quit -- not sue and continue to smoke. The West Virginia Supreme Court simply refused to upset the jury's verdict, rejecting the notion that healthy smokers and former smokers need, or would benefit from, the medical monitoring program that was proposed by the plaintiffs' lawyers."

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