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Over the past 50 years, the true facts about the health risks of cigarette smoking were hidden from the public. Cigarette smoking is now the single largest preventable cause of premature death in the United States. Smoking cigarettes causes lung cancer, emphysema and other chronic lung diseases, heart attacks and strokes. Millions of people suffer from smoking–related illnesses. Nearly one in every five deaths in the United States is smoking related, and tobacco use results in annual medical costs of more than $75 billion (Centers for Disease Control and Prevention, Tobacco Information).
Children are particularly susceptible to cigarette advertising, particularly when smoking is shown as a rite of passage into adulthood. The vast majority of adult smokers started before they were 18 years old. When tempted to start smoking, most children think that they will have no trouble quitting, but most smokers become physically unable to quit because cigarettes contain nicotine. Nicotine is an addictive drug. Once addicted, children continue to smoke as adults and eventually suffer from smoking–related illnesses.
The cigarette industry has concealed the true health risks of smoking and the addictive nature of nicotine since the early 1950’s. Cigarette companies have intentionally targeted children by advertising and manipulating nicotine levels in cigarettes to ensure that children would be tempted to smoke and then become addicted to cigarettes for life.
Recent Tobacco Lawsuits
Juries across the country have started to hold the cigarette industry responsible for their actions. In October, 2002, a Los Angeles jury issued a $28 billion punitive damages award (later reduced by a judge to $28 million) against Philip Morris (Betty Bullock v. Philip Morris). In June 2002, a Miami jury held three cigarette companies liable for $37.5 million in a tobacco lawsuit involving an ex–smoker who lost his tongue to tobacco–related oral cancer (Lukacs v. Philip Morris, et al, connected with a class action suit that is on appeal). Also in June, 2002, a U.S. District Court in Kansas awarded $15 million in punitive damages against R.J. Reynolds Tobacco, calling the company’s conduct “highly blameworthy and deserving of significant punishment” (David Burton v. R.J. Reynolds Tobacco, now on appeal before the 10th U.S. Circuit Court of Appeals). In 2004, a New York jury awarded $20 million in punitive damages to the widow of a long–time smoker who died of lung cancer at the age of 57 (Gladys Frankson v. Brown and Williams Tobacco Corp. et al, Supreme Court of New York). The results in this tobacco lawsuit represent the first time that a New York jury has held a tobacco company responsible for an individual smoker’s death.
Fighting Tobacco Use
A majority of Americans support the use of tobacco control plans to reduce the death and disease caused by smoking, according to a 2002 survey done by the American Lung Association. These citizens favor further limits on children’s access to tobacco, and believe that everyone should be able to breathe smoke free air, even indoors.
At Brayton Purcell, we are also concerned about the harm caused by the tobacco industry. Our tobacco lawyers are committed to helping smokers defend their legal rights. (See the Kent Micronite Asbestos Cigarette Filter Case for an example of our work in a tobacco lawsuit). Please feel free to contact us if you want to know more about smoking and your legal options.