Tobacco.org

Seniors Group Girds for Next Round in Fight to Recover Billions From Tobacco Companies for Taxpayers 

Late yesterday, United Seniors Association, Inc. filed notice that it will appeal the August 28 dismissal by U.S. District Judge Richard Stearns in Boston of its lawsuit against American tobacco companies seeking recovery of damages on behalf of the Medicare program and the Treasury of the United States. United Seniors Association (USA) says its appeal will rely on a decisive finding of facts establishing tobacco companies' liability rendered in a judgment in a separate U.S. racketeering case issued a few days before Judge Stearns' decision. . . .

In dismissing the USA suit, Judge Stearns said a primary payers' responsibility must first be demonstrated by other means before a Medicare as Secondary Payer (MSP) suit can be brought and damages recovered. A week before Judge Stearns' decision, however, a landmark judgment in a separate U.S. racketeering case against tobacco companies, rendered after a nine month trial by Federal Judge Gladys Kessler in the U.S. District Court in Washington, DC, set out detailed, exhaustive fact findings that tobacco companies intentionally concealed, denied and manipulated the addictive properties of their cigarettes by suppressing research, destroying documents and manipulating nicotine levels to increase and perpetuate addition.

"While we have the utmost respect for Judge Stearns, this new development completely satisfies the standard Judge Stearns used to dismiss this case, and so his ruling should be reversed and USA given its day in court,"

Jump to full article »