Ex-smoker awarded $28 billion?!?!?!?

[bonosloveslave]

WTF?!?!?!?!?!?!???!??!?!?!??!

Ok, I realize that this will be in appeals forever, but COME ON! Here's a clip:
____________________________

Ex-smoker awarded $28 billion, Philip Morris says it will appeal Calif. jury?s decision

ASSOCIATED PRESS

LOS ANGELES, Oct. 4 ? A jury awarded a record-shattering $28 billion in punitive damages Friday to a 64-year-old former smoker who sued Philip Morris Inc. for fraud and negligence.

THE SUPERIOR COURT JURY awarded the amount to Betty Bullock, who started smoking when she was 17 and was diagnosed last year with lung cancer that has since spread to her liver. Last month, the jury ordered the tobacco company to pay Bullock $750,000 in damages and $100,000 for pain and suffering. Philip Morris said it would appeal.

?This jury should have focused on what the plaintiff knew about the health risks of smoking, and whether anything the company ever said or did improperly influenced her decision to smoke or not to quit,? said William Ohlemeyer, the company?s associate general counsel.

?Testimony during the trial showed that Ms. Bullock was aware of the health risks of smoking and was warned repeatedly of those risks by her doctors over four decades, and her daughter also urged her to quit. Her response: ?I am an adult, this is my business.??

Before Friday, the biggest verdict won by an individual against a tobacco company was $3 billion, awarded in June 2001. Philip Morris was ordered to pay the amount to Richard Boeken, a former heroin addict with cancer who died in January. The verdict was later reduced by a judge to $100 million.

During Bullock?s trial, Philip Morris did not try to defend its past actions. Instead, the company turned the spotlight on Bullock and her decision to smoke. The strategy was a major shift from previous defense efforts.

Bullock?s lawyer, Michael Piuze, argued that Philip Morris concealed the dangers of cigarettes with a widespread disinformation campaign that began in the 1950s. He told jurors it was ?the largest fraud scheme ever perpetrated by corporations anywhere.? Piuze used photographs of Bullock, cigarette ads from her teenage years and internal tobacco industry documents to lay out his contention that Philip Morris concealed the dangers of cigarettes. The company denied any campaign to fool smokers.

Two years ago, a jury awarded thousands of Florida smokers $145 billion in punitive damages against Philip Morris, R.J. Reynolds, Brown & Williamson, Lorillard and Liggett. The award has been appealed.

?At this point, it?s really open season on the industry,? said Richard Daynard, a law professor at Northeastern University in Boston and chairman of the Tobacco Products Liability Project. ?Juries all around the country are sending a message
that this conduct was not only totally inexcusable but that it was so outrageous there is no amount of money that would be enough to punish the people who perpetrated it,?

The California case also drew interest because it follows an Aug. 5 state Supreme Court ruling that grants cigarette makers a new window of immunity. The decision said most statements and acts by tobacco companies between 1988 and 1998 cannot be used as evidence against them because of a law, now repealed, shielding them from liability.

Some analysts think the ruling will give cigarette makers ammunition to overturn three recent plaintiff awards in California ? including the Boeken verdict, which was also won by Piuze.

_______________________________________

I am not a smoker, and I do think the tobacco companies are evil, but this is ridiculous!

 

[Lilly]

i'd rather lick a cow than smoke

they want to bankrupt the tobacco industries, that's why. not necessarily for monetary gain, which is indeed in there.

but...phillip-morris will never go under so...blah.

 

[nbcrusader]

The big business of tobacco meets the big business of plaintiff civil litigation. The litigation is a game played by trial lawyers trying to grab a piece of the money flow generated by a successful business.

 

[Blue_Angel]

my friend and i were just having a discussion about this.

responsibility doesn't seem to mean much anymore does it..

 

[KhanadaRhodes]

this is pathetic. as it's been said, the tobacco companies will never go under. my dad buys a freaking carton of cigarettes every damn week. that's at least $20 a week from just one guy. millions of people in america alone smoke, and some smoke 3+ packs a day! they probably profit millions a day.

as it's also been said, i too think tobacco companies are evil, but this is just beyond stupid. i wasn't around back then, but i've seen 50's cigarette commercials. sure, they made it out that smoking was cool. but i don't think even they knew about all the dangers of cigarettes back then.

warnings have been on labels now for as long as i can remember. at the very least, one could argue that she did know about the dangers from all the warning labels she came across. and for it to be proven (and apparently not contested by her) that family and doctors asked her to quit, she has to be an idiot to think she'll win any money. i swear to god if she wins a penny, i'll go there myself and strangle the judge and jury for thinking she doesn't need to take responsibility for her own actions.

 

[BAW]

?Testimony during the trial showed that Ms. Bullock was aware of the health risks of smoking and was warned repeatedly of those risks by her doctors over four decades, and her daughter also urged her to quit. Her response: ?I am an adult, this is my business.??

 

[cloudimani]

chances of ex-smoker actually seeing 28B dollars, zero.

The cigarette companies drag these things through appeal after appeal. I dont think they've paid out on a number of big profile cases afaik

 

[kobayashi]

while i know little about litigation(i just lost my own court case and with it a CDN$1000), i would say smoking is slowly but surely falling out of fashion. in canada many cities are aggressively pursuing non smoking bylaws in all public areas including bars and restaurants and it is making a difference in opinions. at the same time the federal government, at least on the surface, appears to be playing hard ball with the tobacco companies(they haven't been allowed to advertise in sports events for years).

philip morris and like minded tobacco companies will continue in spite of this drastically reduced interest in smoking-they will prosper because they have diversified thier interests.

 

[KhanadaRhodes]

oh yeah, i'd say it's not really a cool thing anymore. although, we have the same situation here, where there's only a handful of places that allow smoking, and there are some that have smoking/non-smoking sections. but you have the older people who've been smoking since they were like 14 or something so it's been 30+ years now, and they won't quit for anyone, so by some fucked up logic it still seems rebellious for them.

i'm not referring to every smoker, btw, since i know several people on the forums smoke. i'm referring to those who act like it's a crime that those of us who don't smoke don't want to be around it. it seems it's mostly the older people who are like this, i guess because they're so used to it.

 

[Angela Harlem]

This is about as ludicrous as the man who wants to sue McDonalds for his obesity, heart attacks and diabetes.

Stupid irony. I bet this woman would argue with those who want smoking banned in public places (pubs clubs etc) that "Smoking is a choice!"

Too damn right it is.

 

[Moonlit_Angel]

This is about as ludicrous as the man who wants to sue McDonalds for his obesity, heart attacks and diabetes.

Stupid irony. I bet this woman would argue with those who want smoking banned in public places (pubs clubs etc) that "Smoking is a choice!"

Too damn right it is.

Exactly.

My god, what a lawsuit-happy country we are now, eh?

Let's start taking responsiblity for our own stupid actions, okay, people?

Angela

 

[nbcrusader]

Exactly.

My god, what a lawsuit-happy country we are now, eh?

Let's start taking responsiblity for our own stupid actions, okay, people?

Angela

This has been going on for years. It is the new American mantra - I'm a victim and I'm going to sue!

 

[Sparkysgrrrl]

The main problem with trying to bankrupt ciggie companies, is that they don't just own cigs, they own many other companies and the general public may not even know about it.
We are supporting their company whether we know it or not.

I was going to list the things that Philip Morris owns, but it's too long, go here and check it out.
scroll towards the bottom and it lists companies.
Things like Cool Whip, Kraft, Capri Sun, Jell-O, Kool-Aid these are all brand names we associate with what....

CHILDREN!!
Even if we stop corps like Philip Morris from catering their ciggies towards underage kids, they STILL are getting money from them by pushing those Easy-Mac's, juice in a package, and yummy Jell-O snacks.
If we really want to bankrupt these companies, hit them where it hurts, their wallet...the way to do that is NOT to sue them, it's too NOT BUY THEIR PRODUCTS.
Which is hard to do, there are so many, and much are every day items to a lot of households.

 

[nbcrusader]

We could just convince our family and friends to stop smoking.

 

[bonosloveslave]

If we really want to bankrupt these companies, hit them where it hurts, their wallet...the way to do that is NOT to sue them, it's too NOT BUY THEIR PRODUCTS.
Which is hard to do, there are so many, and much are every day items to a lot of households.

I agree, that's about the only way I could see their empire fall, but gosh, do really think the world will give up Kraft Mac and Cheese? I love Cool Whip too (with chocolate Jello pudding). Man, why do they have to sell all that other good stuff besides cigarettes???

 

[Sparkysgrrrl]

Yes, but it's a lot easier to stop buying Kraft cheese and go for another brand than it is to stop a physical addiction.
And it's a simple step, just don't buy it.

(altho I must say, my addiction to Jell-O growing up was pretty bad )

 

[Moonlit_Angel]

I agree-don't buy cigarettes if you don't like them.

I never intend to smoke, therefore, I will never buy cigarettes (even though I am of legal age to do so now).

I don't feel cigarette companies are targeting young people with their cigarettes (quick rant: why do people feel certain things, like cigarettes in this case, just target young people? What, they don't think adults could be just as easily influenced?). They're making a product like anyone else, and it is your choice and your choice alone whether or not you want to buy those cigarettes. Nobody from the tobacco company holds a gun to your head and forces you to buy their product (hence why I hate those Truth ads-they blame the tobacco companies when it isn't their fault you choose to smoke and get sick as a result of your choice).

So this lady's lawsuit is just plain ludicrous. Her choice, she's paying the price now, I'm sorry she's gotten sick as a result, but she knew the risks, she chose to smoke anyway, so...

Angela

 

[melon]

I say let people kill themselves with cigarettes. We needed a form of population control anyway. There is nothing putting a gun to your head saying, "Start smoking." No...you made a *choice* years ago, and you will pay the consequences with a slow, agonizing, and painful death.

Still feel like smoking?

Melon

 

[nbcrusader]

I say let people kill themselves with cigarettes. We needed a form of population control anyway. There is nothing putting a gun to your head saying, "Start smoking." No...you made a *choice* years ago, and you will pay the consequences with a slow, agonizing, and painful death.

Still feel like smoking?

Melon

Just remember to open up your wallet and contribute money for smoker's (primary and second hand) health care. Wait, you already do through the cost of health care coverage and taxes.

 

[melon]

Just remember to open up your wallet and contribute money for smoker's (primary and second hand) health care. Wait, you already do through the cost of health care coverage and taxes.

I was being...erm...acidic. But you're right, and that's why I think that tobacco should be outright banned just for that reason alone (you'd have to read some of my older posts to have picked up on this attitude of mine, admittedly). The fact that our health care system is being bogged down by so many illnesses stemming from a *known* harmful substance is just beyond inexcusable.

But our fucked up health care system is just another story that could probably take up another thread in itself...

Melon

 

[KhanadaRhodes]

But you're right, and that's why I think that tobacco should be outright banned just for that reason alone (you'd have to read some of my older posts to have picked up on this attitude of mine, admittedly). The fact that our health care system is being bogged down by so many illnesses stemming from a *known* harmful substance is just beyond inexcusable.

i don't know if i agree with this or not. even if cigarettes are illegal, some people will still choose to smoke (there are people like my dad who are so hooked on it, that they would still smoke. believe me, my mom and dad have discussed those "what ifs" since the taxes on cigarettes have been raised over the past 10 or so years.) regardless of the consequences of it.

for example, think about what's currently illegal. there's plenty of people who use all sorts of illegal substances, and don't seem to care that if they were caught with said substance, they'd be fucked up for life. also, even if cigarettes were made illegal, there are still the people who would quit, but will still get cancer from the many, many years of tobacco use. and, there are those who will still smoke, as i mentioned.

if someone takes ecstasy and ends up in critical condition in a hospital, will they turn them away because what they did is illegal? i doubt it. people certainly won't get turned away from hospitals because they have smoked.

imo, i think we should just make it all legal. (not all drugs, just marijuana, really.) tax the fuck out of them, because there are people who will smoke no matter how much it costs. these people who are already hooked will smoke even if it's $10 for a pack of cigarettes or $30 for some pot, (isn't that about how much it is anyway?) to at least help our nation's economy.

 

[sharry_lt]

NOOOO!!!!!!!!!!!!THIS IS NOT FAIR!!!!!!!!!!!!!!CANCER IS PERSON'S OWN PROBLEM-IF HE SMOKES, THEN GETS CANCER-THAT'S BECAUSE OF HIS OWN FAULT!!!AND HE SHOULDN'T BLAME OTHERS, CAUSE HE'S THE GUILTY ONE!!!!

 

[Angela Harlem]

melon is this a genuine belief that tobacco should be banned? Why single out tobacco, or do you feel equally about all harmful substances?

 

[garibaldo]

Alcohol should definitely be thrown on the bandwagon if you're throwing tobacco on there. The whole host of conditions that arises from life-long drinking as well as the many altercations caused by drinking far outweigh cigarette smoking.