Philip Morris USA should pay for annual chest scans for thousands of longtime Marlboro smokers in Massachusetts because the company sold a defective and unreasonably dangerous product, a lawyer for the smokers told jurors at the close of a trial.
"You're about to deliberate about the most dangerous consumer product ever invented," attorney Kevin T. Peters told the panel Tuesday in federal court in Boston. "It's a product intended to addict its users and intended to addict children."
The jury of eight men and two women heard evidence over eight days in the class-action case, which was filed 10 years ago. Members of the class must be at least 50 years old, have purchased Marlboros in Massachusetts and have smoked at least a pack a day for 20 years, for a total of 146,000 cigarettes each.
Company attorneys said smoking cigarettes is dangerous but buyers know the hazards of smoking and the product isn't defective. Government regulators have never found Marlboros to be more dangerous than other brands, they said.
Philip Morris's lawyer Diane P. Sullivan said Tuesday that people have known Marlboros were dangerous for half of a century and aren't buying a defective product. She accused the other side of appealing to jurors' emotions over lung cancer deaths.
"They're trying to get you mad at tobacco companies so you'll ignore the fact that they didn't have the evidence to support their case," Sullivan told the jury. Marlboros would be defective if they exploded and burned your face, she said.
She displayed a picture of cheeseburgers and said if buyers suffer from obesity or high cholesterol, "it doesn't mean cheeseburgers are defective."
"Truth is, addicted or not, people can quit. People make choices," Sullivan told the jury.
"They haven't proved to you that Marlboros are more dangerous than people expect," she said.
The case is one of the few of its kind to win a judge's class-action certification, according to the plaintiffs, and differs from other tobacco suits because the plaintiffs have no apparent symptoms of lung cancer and are not seeking conventional damages.
In a class-action case, one or a handful of people sue on behalf of everyone allegedly harmed in the same way by the same defendant, allowing mass representation rather than many individual cases.
Two other such cases went to trial in the early 2000s, in Louisiana and West Virginia. Philip Morris, a unit of Altria Group Inc., based in Richmond, Virginia, won both. Other cases weren't granted class-action status.
Philip Morris could have made a less carcinogenic Marlboro by using different tobacco and a different filter design but chose not to change the "biggest brand in the world," Peters said.
"Marlboro is what injured my clients," he said. "Marlboro is what made my clients in a category that one out of seven is going to get lung cancer."
Trial exhibits included images of billboards depicting the Marlboro Man, the rugged cowboy with a rope over his shoulder and a cigarette dangling from his mouth. "These were themes that are related to some of the reasons why some people chose to start smoking," psychologist David Hammond testified.
The plaintiffs contend that annual screenings would greatly increase their chances of surviving the disease if it occurs.
More than 36,000 smokers might be eligible members of the class, according to court documents filed several years ago. Current estimates of the class size are under seal. Plaintiffs have estimated that a screening, known as a low-dose computed tomography scan, costs about $500. That puts the bill for 36,000 tests at $18 million a year.
Plaintiffs sought to prove Marlboros' dangers by offering evidence that Philip Morris developed a cigarette with less tar and nicotine decades ago but took it off the market when it didn't sell as well.
If the jury finds Philip Morris made a defective product and agrees low-dose computed tomography scans are an effective way to monitor for signs of cancer, Judge Denise Casper will hear a second phase of the trial focusing on medical monitoring.
The Washington Post
Wed Feb 10 2016
Company attorneys said smoking cigarettes is dangerous but buyers know the hazards of smoking and the product isn't defective.
Hyundai to invest RM2.16 bil in Malaysia through strategic partnership with INOKOM
This investment includes efforts to upgrade INOKOM's existing assembly capacity to meet Hyundai's automotive needs.
‘C4Cinta’ sets record as highest-grossing Malaysian Tamil film
'C4Cinta', directed by young filmmaker Karthik Shamalan, has set a new benchmark in Malaysian Tamil cinema.
Man charged with mother's murder, storing body in freezer
The court denied bail and scheduled case mention on Feb 7 for the submission of forensic, autopsy, and chemist reports.
Abolition of examination in schools to reduce pressure on pupils - Fadhlina
The classroom assessment approach offers a much more interesting learning ecosystem, says Fadhlina Sidek.
Google, Meta urge Australia to delay bill on social media ban for children
Google and Meta says the government should wait for the results of an age-verification trial before going ahead.
Judge tosses Trump 2020 election case after prosecutors' request
It represents a big legal victory for Donald Trump, who won the Nov. 5 US election and is set to return to office on Jan. 20.
DHL plane crash in Lithuania leaves authorities searching for answers
Rescue services said the plane hit the ground, split into pieces and slid over 100 metres (110 yards).
National squad to hold friendly matches for 2025 Indoor Hockey World Cup
The warm-up matches will involve matches against better ranked teams in the world, namely Austria (first) and Belgium (third).
G7 seeks unity on ICC arrest warrant for Netanyahu
The United States, part of the G7, has rejected the ICC decision, with President Joe Biden describing it as outrageous.
Francissca Peter remembers Tan Sri Ahmad Nawab: A tribute to a musical legend
A legend who has influenced our music for decades, was one of the highlights of my career, says Francissca Peter.
TikTok decision coming soon as Jan. 19 divestment deadline looms
Judges are reviewing TikTok's challenge to a law requiring ByteDance to sell its US assets by Jan. 19 or face a ban.
Lebanese sources: Biden, Macron set to announce Israel-Hezbollah truce
In Washington, White House national security spokesperson John Kirby said, "We're close" but "nothing is done until everything is done".
PM meets chaebol tycoon to attract more FDI to Malaysia
Chaebols are prominent figures from South Korea's family-owned conglomerates.
Govt won't allow non-citizen vehicles to enjoy RON95 subsidy - Economy Ministry
The implementation of the RON95 subsidy in 2025 is expected to provide savings of RM3.6 billion to government expenditure.
Ringgit opens lower as greenback gains ground
Dr Mohd Afzanizam says the market responded positively to news of hedge fund manager Scott Bessent heading the US Treasury Department.
Management of low-cost housing, gov't quarters, focus at Dewan Rakyat today
Also among the highlights, UNICEF report on 12.3pct of teenagers in Klang Valley's PPR face mental health issues and suicidal tendencies.
UN Resolution 1701, cornerstone of any Israel-Hezbollah truce
Here are the resolution's main terms, and a note about subsequent violations and tensions.
Record aid worker deaths in 2024 in 'era of impunity', UN says
So far this year there have been 281 aid worker victims, according to the Aid Worker Security database.
Why India's toxic farm fire counting method is disputed
Here's how India counts farm fires - a major contributor to severe pollution in the north - and why its method is being questioned.
Divisions on curbing plastic waste persist as UN treaty talks begin
South Korea is hosting the fifth and ostensibly final UN Intergovernmental Negotiating Committee (INC-5) meeting this week.