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Florida Supreme Court Ruling Means Individuals Can File Individual Smoking Lawsuits

Parker & Waichman, LLP is representing Florida cigarette smokers who developed smoking-related diseases. On July 6, 2006 the Florida Supreme Court supported a lower court decision to throw out a $145 billion punitive damage award against the big tobacco companies, a big victory for the cigarette industry. The lower appellate court had decided that the class action lawsuit should not have been certified, and the Florida Supreme Court agreed. Although the court ruling decreases the cigarette makers' monetary exposure in the state of Florida, it was still a victory for potential plaintiffs. In a 79-page decision, the court overruled the appeals court by reinstating an estimated $7 million in compensatory damages that the jury had awarded to two individual class representatives with lung cancer in an earlier phase of the trial.

The Florida jury concluded that smoking cigarettes causes the following:
  • Aortic aneurysm
  • Bladder cancer
  • Cerebrovascular disease
  • Cervical cancer
  • Chronic obstructive pulmonary disease
  • Coronary heart disease
  • Esophageal cancer
  • Kidney cancer
  • Laryngeal cancer
  • Lung cancer (specifically, adenocarinoma, large cell carcinoma, small cell carcinoma, and squamous cell carcinoma)
  • Complications of pregnancy
  • Oral cavity/tongue cancer
  • Pancreatic cancer
  • Peripheral vascular disease
  • Pharyngeal cancer
  • Stomach cancer
Additional jury decision findings:
  • Nicotine in cigarettes is addictive.
  • Defendants (manufacturers of cigarettes) put defective and unreasonably dangerous cigarettes on the market.
  • The manufacturers of cigarettes (defendants) obscured or omitted pertinent information not otherwise known or available, knowing that the material was false or misleading or failed to disclose a relevant fact concerning the health effects or addictive nature of smoking cigarettes or both.
  • All of the defendants/manufacturers agreed to misrepresent information relating to the health effects of cigarettes or the addictive nature of cigarettes with the intention that smokers and the public would rely on this information to their detriment.
  • The defendants sold or supplied cigarettes that were defective.
  • All of the defendants were negligent.
Legal Help for Florida Cigarette Smokers
Parker & Waichman, LLP is representing all Florida residents and citizens and their survivors who have suffered, presently suffer or who have died from diseases and medical conditions caused by their addiction to cigarettes. If you or a loved one suffered from a smoking-related illness on or before November 21, 1996, please fill out the form at the right for a free case evaluation by a qualified attorney.  Or to speak to someone from the firm immediately, please call:1-800-LAW-INFO (1-800-529-4636).
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Florida Smokers and Engle Trust Fund

May 12, 2008
The lawyers and attorneys at our firm are offering their help to Florida smokers and their families who wish to register for the Engle Trust Fund, a $600 million fund set aside by several tobacco companies to help the victims of tobacco related diseases.  Registration for the Engle Trust Fund began April 25, 2008. Smokers, ex-smokers and survivors of people who have died from smoking-related diseases  have until midnight on June 16, 2008 to file their claims.  The total...

Big Tobacco Handed Victory by Manhattan Appeals Court

Apr 14, 2008 | Parker Waichman Alonso LLP
Tobacco giants Brown & Williamson Holdings and  Philip Morris USA won a huge victory last week when a Manhattan appeals court reversed a ruling in favor of a lung cancer victim who had argued that the cigarette makers were negligent by failing to market only "light cigarettes".  In a 3-2 decision the appellate division ruled that the plaintiff failed to prove that light cigarettes would "have been acceptable to the consumers that constitute the market for the...

FDA Tobacco Bill Gains Momentum in Congress

Apr 4, 2008 | Parker Waichman Alonso LLP
Tobacco products might soon face regulation by the Food & Drug Administration (FDA).  A bill granting the FDA jurisdiction to regulate cigarettes and other forms of tobacco was approved by the House of Representatives Energy and Commerce Committee Wednesday, setting up its passage by the full House.Tobacco products are among the least regulated consumer products on the market.  Yet, tobacco use is the number one preventable cause of death in America. Every year, smoking and other...

Tobacco Co. Funded Lung Cancer Study Elicits Mea Culpa from New England Journal of Medicine

Apr 4, 2008 | Parker Waichman Alonso LLP
After embarrassing disclosures of financial links between the authors of a lung-cancer study and two large companies—General Electric and Vector Group, Ltd.—the New England Journal of Medicine published a correction, a clarification, and an editorial that called for the transparent disclosure of funding sources.  The lung-cancer study, which the journal published in 2006, has been controversial and suggested an annual screening with a CT scan could reduce the death rate from...

Cigarette Company's "Blood Money" Paid for Important Lung Cancer Study, Critics Say

Mar 26, 2008 | Parker Waichman Alonso LLP
It has turned out that an important lung cancer study was actually funded by a cigarette company.  In late 2006, Dr. Claudia Henschke of Weill Cornell Medical College released a study revealing that the majority (80 percent) of lung cancer deaths could be prevented through widespread use of CT scans.  The study was published in The New England Journal of Medicine and indicated—in small print at the end of the piece—that the work was financed, in part, by the Foundation for...

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