Jump to full article: Los Angeles Times, 2006-03-21
Author: Myron Levin, Times Staff Writer
Intro: Although cigarette makers have agreed to some major settlements, including $246 billion to end lawsuits by the states, in more than 50 years of litigation, they have had to write checks to only a handful of individual smokers.
The Boeken award -- consisting of $5.54 million in compensatory damages, $50 million in punitive damages and more than $26 million in interest -- will be the largest recovery by an individual to date.
It will eclipse the previous record payment of $16.7 million last year to a former smoker from Glendale. Philip Morris, a unit of Altria Group Inc. and the top U.S. cigarette maker, lost that case too.
Although cigarette makers have agreed to some major settlements, including $246 billion to end lawsuits by the states, in more than 50 years of litigation, they have had to write checks to only a handful of individual smokers.
The Boeken award -- consisting of $5.54 million in compensatory damages, $50 million in punitive damages and more than $26 million in interest -- will be the largest recovery by an individual to date.
It will eclipse the previous record payment of $16.7 million last year to a former smoker from Glendale. Philip Morris, a unit of Altria Group Inc. and the top U.S. cigarette maker, lost that case too. . . .
Ed Sweda, senior attorney for the Boston-based Tobacco Products Liability Project, which encourages lawsuits against the tobacco industry, said the Supreme Court's decision not to accept the appeal "demonstrates that tobacco litigation remains a viable -- and still emerging -- strategy to promote the public health."
Still, the award is a wisp of its original self. Outraged jurors in Los Angeles County Superior Court had ordered Philip Morris to pay Boeken $3 billion in addition to compensatory damages in June 2001 after finding the company guilty of fraud, negligence, misrepresentation and selling a defective product. . . .
Although the court's decision Monday was a victory for the plaintiff, Piuze said he was not satisfied "with the end result, which is a penalty of one half week of earnings" for Philip Morris. . . .
Legal analysts believe that the court may be more likely to consider an appeal of another verdict that went well beyond the 9-to-1 guideline.
It's an Oregon case in which the $80-million award against Philip Morris includes $79.5 million in punitive damages and $521,000 in compensatory damages -- a ratio of more than 152 to 1.
The Oregon Supreme Court affirmed the verdict last month, setting the stage for a last-ditch appeal to the nation's highest court.
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