Studies have proven the theory that smoking is bad for us for years. Many individuals don't know that they can sue cigarette and tobacco companies for the damage that smoking does to their body. Just recently, the Missouri Supreme Court upheld a settlement for the family of a smoker from Kansas City. According to reports, the smoker with the initials B.S. died of a heart attack. Her family believes that the cardiac arrest was directly related to B.S.'s addiction with Brown & Williamson Tobacco cigarettes.
Originally, the family of the decedent sued for $20 million in punitive damages. The tobacco company appealed this award, and an appeals court changed the settlement amount to only $1.5 million for the family. This settlement has been appealed once again by both the family of the decedent and the tobacco company, though both appealed for opposing reasons.
The St. Louis Dispatch reports that the Missouri Supreme Court has upheld a $1.5 million punitive damages judgment for the Kansas City family. Research shows that the decedent smoked Kool cigarettes for over 45 years before she was diagnosed with lung cancer. She then dell into cardiac arrest and passed away. After her death, the family chose to sue the cigarette manufacturer because the cigarettes contributed directly to her death.
Originally, a jury awarded the family a $20 million in punitive damages and $500,000 in compensatory damages. The Missouri Court of Appeals ruled that punitive damages were allowable on only one of the three original counts, so the settlement amount was reduced. The Missouri Supreme Court has already affirmed the Missouri Court of Appeals' decision and won't take up the matter.
The first lawsuits against cigarette manufactures were filed over 50 years ago after scientists confirmed the link between the tobacco and various cancers. Originally, plaintiffs would sue cigarette manufacturers on the premise of negligent manufacture or product liability. Some sued for negligent advertising, claiming that the companies did not warn consumers of the dangers of using the product. Others claimed that the companies violated state consumer protection statutes.
In early lawsuits, the tobacco companies typically prevailed by proving that the substance was not harmful or that a smoker's cancer was probably caused by other factors. Also, tobacco companies argued that smokers assumed the risk of cancer when they chose to smoke. There was a new wave of cigarette lawsuits in the 1980s when plaintiffs began to claim that the product was addictive. In February of 2000, an individual won $51.5 million from Phillip Morris in a California case concerning a smoker with inoperable lung cancer.
After this settlement, more than forty states sued tobacco companies because of the violation of state consumer protection and antitrust laws. Many tobacco companies are still paying settlements to their state annually, and recently there were excessive debates on this subject when some cigarette companies failed to pay their settlement in full because of the recession. These settlement payments are to compensate health-care costs for the damage due to smoking. Cigarette companies also need to adhere to a Master Settlement Agreement which requires tobacco companies to refrain from advertising cigarettes to youth. The settlement also dissolved three of the biggest tobacco industry organizations.
Recently in Florida, the Florida Supreme Court threw out a class action lawsuit on behalf of 700,000 smokers and their families, and the court ruled instead that each plaintiff should take up their case with the court individually. After this ruling, 8,000 smokers proceeded to bring lawsuits against tobacco companies and win large settlements as a result. If you have developed cancer due to a cigarette addiction, then you may want to seek compensation for your injuries or illness. Contact a local personal injury attorney and research your case to learn if you can earn compensation for your injuries.