Widow of chain-smoker awarded $8 million

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Widow of chain-smoker awarded $8 million

Fla. jury’s decision a ‘major blow’ to Philip Morris; more lawsuits on the way

FORT LAUDERDALE, Fla. - While one Florida jury neared its decision that Philip Morris must pay a smoker's widow $8 million in damages, another panel was being selected in the same courtroom for the next tobacco case before the same judge.

The second of 8,000 similar Florida lawsuits filed against tobacco companies by Florida smokers and their families begins Thursday, a day after the first ended.

In the first one, six jurors deliberated over two days before returning the award Wednesday for Elaine Hess, 63, whose husband, Stuart Hess, died in 1997 at age 55 after decades as a chain smoker.

The Broward County jury's verdict marked a defeat for Richmond, Va.-based Philip Morris, a unit of Altria Group, and could set the standard for the rest of the cases.

‘Serious blow to Philip Morris’
Even though the amount is far below the $130 million Hess's lawyers sought, experts said it's significant because tobacco companies still rarely lose in the courts — and could mean hundreds of millions of dollars in liability, if not more, from all the other Florida cases.

"It is still a serious blow to Philip Morris," said Edward L. Sweda Jr., attorney for the Tobacco Products Liability Project at Northeastern University law school. "This jury saw through the smoke screen of Philip Morris' 'blame-the-smoker-for-smoking' defense and instead put its focus on the company's reprehensible conduct."

The Hess case was the first to go to trial since the Florida Supreme Court in 2006 voided a $145 billion class-action jury award in the so-called Engle case, by far the highest punitive damage award in U.S. history. The court said each smoker's case had to be decided individually, but let stand that jury's findings that tobacco companies knowingly sold dangerous products and hid risks from the public.

Parent company challenges process

That didn't prevent Altria, the Philip Morris parent, from challenging the whole process in the Hess case.

The damage award, the company said in a statement, "was the result of an unconstitutional and profoundly flawed trial procedure. Fundamental fairness requires the plaintiff to establish basic liability before a jury can award damages."

Philip Morris will ask Circuit Judge Jeffrey Streitfeld — Broward's self-styled "tobacco judge" with about 350 cases on his docket — to throw out the $5 million punitive award and reduce the $3 million in compensatory damages. The company also will appeal the jury's key finding that Elaine Hess's husband, 40-year smoker Stuart Hess, was hopelessly addicted to cigarettes and incapable of quitting.

Widow elated
Elaine Hess, 63, said she was elated by the outcome. Her husband died in 1997 at age 55.

"It wasn't about the money from the beginning," Hess said after the verdict. "It was about doing the right thing. I just really hope this can help all the thousands of families who have also suffered."

The jury did find that Stuart Hess was 58 percent responsible for the cigarette addiction that led to his death. If Philip Morris prevails on appeal, that could cut the compensatory damage award from $3 million to about $1.3 million.

The Hess case has been closely watched by the tobacco industry and by the thousands of other Florida smokers and survivors who have sued. Although it does not directly control the outcome of the other lawsuits, the Hess case could signal how many of them will turn out.

The original Florida lawsuit was filed in 1994 by a Miami Beach pediatrician, Dr. Howard Engle, who had smoked for decades and couldn't quit. The class of smokers was estimated at up to 700,000 when the giant $145 billion award was issued in 2000.

For decades, tobacco companies almost never lost lawsuits filed by smokers but have had several major judgments against them more recently. Philip Morris, for example, is currently appealing to the U.S. Supreme Court a $79.5 million jury award in an Oregon case; other large damage awards against the industry have often been reversed or reduced on appeal.

Chain-smoker’s widow awarded $8 million - Addictions- msnbc.com
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I as a non-smoker, find these lawsuits an absurd when there're warning labels on cigarette pack was exist for long time.

Accord the article, 8,000 Floridians filed lawsuit against tobacco companies. Don't they forget about economy and unemployment rate if tobacco companies goes bankrupt after pay millions to 8,000 or more lawsuits after that?

Perhaps there're also 8,000 or more lawsuits against smokers or tobacco companies for cause the death of their non-smoke beloved ones because of second hand smoke as well? Oh yes, how about lawsuit against junk fast restaurant? Because alcohol, tobacco and junk foods affect health.

I'm 46 years old and well aware since I was a little girl that smoking and tobacco is addictive and dangerous. I choose to not smoke and limit alcohol when I want to drink.

It's people responsible for their action, not tobacco, alochol or junk companies.


Discuss...





 
It's the greed they want and blaming them for the cause even thou the warning label are there. :roll:
 
yeah some people are very upset, anger or displease looking for the revenages. I wish it were me who got all $$. :drool:
 
:roll:

We should start suing gun makers whenever people commit suicide with their guns. You know, for hiding the risks of willingly firing a high velocity projectile into your brain.
 
I am so glad that my opinion is shared by many. I've been a smoker for 13 years. I know the risk of smoking and CHOICE to smoke. It is stupid to sue over it. People these days are just money hungry
 
$8 million is way too much money for just one person. The warning labels ARE there and they should know better to get help to stop smoking. Though, some people find stop smoking impossible so I think they sue them because they add all that crap in the cigarettes. I think maybe $1 million or less should be enough. People today don't have common sense on how much the lawsuits should be. I wouldn't sue for that much money myself because I'm not after money, but after the damages and some for myself. It shouldn't be not that much money.
 
"Quitting smoking would decrease the risk of lung cancer."

Seriously, how HARD is that to understand?...
 
Jeez...

That's like putting a warning on a gun saying, "Guns can kill people." Then some guy takes that gun and shoots someone else.

"Oh, I didn't know it would kill that person. Sue the gun maker! :roll:
 
Steel X said:
"Quitting smoking would decrease the risk of lung cancer."

Seriously, how HARD is that to understand?...
Click to expand...

Well, for instance - if one quits smoking instantly, that would cause a side effect on a body since the body is so used to smoking. They'd need to see a doctor and have their recommendation on how to downsize smoking little by little then smoke the other day, til the body becomes used to smoke free then quit.

It's never easy if someone smokes for 10 years, 20 years, even 30 years.

I'm non-smoker, but my mom and stepdad is a long time smoker and even I told her to quit smoking long time ago, and that didn't help, and she still smoking. So it's nothing I can do about it, the problem is the craving and the habit of smoking. She knows it is bad for her but she can't help it and very hard to quit.
 
How long has the warning label been on packs of cigarettes? I know it hasn't always been there...
 
Mod note:

Posts are removed.

Ok guys, please stay on topic. :ty:
 
I have to agree with Jurors.

The warning labels in America just words, to some people they can't even read.

In UK, they don't use word but digesting warning picture on the pack of cigs which easily offended kids, thus preventing them from getting hooked to cigs. I wish this would apply to America, but not!

The problem that tobacco companies have been practicing for years and years covering up and mask the truth. They had create trillion dollars advertising campaign TARGETING who? Mostly minors! Why targeting minors? They were NOT old enough to make informed decision, and these advertisement looks ultra cool to kids! Like Mr. camel wearing cool sunglasses all over the billboard, or that Marlboro guy that looks hot to girls, which in turn making them thinking smoking is cool, and effectively covered up the hidden truth. Tobacco companies KNEW about it and DENIED to government for years UNTIL one small tobacco company that had struggling and knew the truth. Asked for government assistance, they actually agreed to surrender the secret information in exchange for immunity, that is WHEN the whole truth about HOW the tobacco companies had done to get kids addict, and cause them trouble when trying to quit smoking.

When government ban the tobacco advertisement on billboard, What did Tobacco do? They found a way around! By using mobile advertisement, and pay somebody to drive around with huge billboard in back! This PROVES that tobacco actually manipulate people into getting them addict to tobacco! TSK TSK TSK at tobacco companies!

Today, these slicky cool cigarette advertisement is 100% gone! Now fewer youth getting hooked on tobacco! That is even better than 30 years ago.

8 million dollars settlement is mere a drop in a bucket! They paid billions and billions dollars on advertisement. Not enough to bankrupt them. SHRUGS!
 
Where is the advertisement for guns? I don't see any in my lifetime BUT cigs oh yeah, plenty during my early life.

VamPyroX said:
Jeez...

That's like putting a warning on a gun saying, "Guns can kill people." Then some guy takes that gun and shoots someone else.

"Oh, I didn't know it would kill that person. Sue the gun maker! :roll:
Click to expand...
 
This judge seems corrupted, it's sad about people can't read government issued warning on tobacco or alcohol.

If you want bankrupt tobacco companies then it would bad for smokers that who have trouble to quit and they wouldn't able to find anywhere and leading to health crisis.

$8 millions is too much.
 
diehardbiker said:
I have to agree with Jurors.

The warning labels in America just words, to some people they can't even read.

In UK, they don't use word but digesting warning picture on the pack of cigs which easily offended kids, thus preventing them from getting hooked to cigs. I wish this would apply to America, but not!

The problem that tobacco companies have been practicing for years and years covering up and mask the truth. They had create trillion dollars advertising campaign TARGETING who? Mostly minors! Why targeting minors? They were NOT old enough to make informed decision, and these advertisement looks ultra cool to kids! Like Mr. camel wearing cool sunglasses all over the billboard, or that Marlboro guy that looks hot to girls, which in turn making them thinking smoking is cool, and effectively covered up the hidden truth. Tobacco companies KNEW about it and DENIED to government for years UNTIL one small tobacco company that had struggling and knew the truth. Asked for government assistance, they actually agreed to surrender the secret information in exchange for immunity, that is WHEN the whole truth about HOW the tobacco companies had done to get kids addict, and cause them trouble when trying to quit smoking.

When government ban the tobacco advertisement on billboard, What did Tobacco do? They found a way around! By using mobile advertisement, and pay somebody to drive around with huge billboard in back! This PROVES that tobacco actually manipulate people into getting them addict to tobacco! TSK TSK TSK at tobacco companies!

Today, these slicky cool cigarette advertisement is 100% gone! Now fewer youth getting hooked on tobacco! That is even better than 30 years ago.

8 million dollars settlement is mere a drop in a bucket! They paid billions and billions dollars on advertisement. Not enough to bankrupt them. SHRUGS!
Click to expand...

Not in my area, there's many young people are smokers, even some high school kids and some of them are smoke during party.
 
You forgot.... medical bills, 8 million dollars is just a drop in a bucket!

Who pays for medical bills for these smokers who can't work and stay home smoking and went to hospital, resulting tax money funneling into their medical expenses, don't you feel offended that you have to pay your hard earned dollars to help dying smokers knowing that it is easily preventable?


Foxrac said:
This judge seems corrupted, it's sad about people can't read government issued warning on tobacco or alcohol.

If you want bankrupt tobacco companies then it would bad for smokers that who have trouble to quit and they wouldn't able to find anywhere and leading to health crisis.

$8 millions is too much.
Click to expand...
 
Sure, BUT statistic shows huge reduction since 70's where majority of them are smokers. I do remember back then where movie theater full of SMOKE! Plenty of place I went is full of smoke, not anymore! Whew!

Foxrac said:
Not in my area, there's many young people are smokers, even some high school kids and some of them are smoke during party.
Click to expand...
 
diehardbiker said:
You forgot.... medical bills, 8 million dollars is just a drop in a bucket!

Who pays for medical bills for these smokers who can't work and stay home smoking and went to hospital, resulting tax money funneling into their medical expenses, don't you feel offended that you have to pay your hard earned dollars to help dying smokers knowing that it is easily preventable?
Click to expand...

Sorry, I have disagree with you.

It's citizen's responsibility over smoking issue and they should know about government warning and many schools have issued drug programs to teach kids, after that and it's their own risk.
 
Hell I can even remember walking through the stores with my mom smoking. I was 13 years old when I started smoking. I knew the risks and I didn't do it cause of the advertisments..it was more less pressure from other kids..kind of like wrong place wrong time type of deal...Anyways..it's not the makers of tobacco's fault..It's our fault as smokers. It is MY choice to smoke..I enjoy smoking..I will not quit anytime soon..

Edit to say: My mother has smoked since she was a teenager she is now in her 50's she quiet cold turkey, my brother smoked for 10 years, quit cold turkey, my brothers wife, quit cold turkey!!!
 
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