According to a report from Courtroom View Network, a jury in Florida has issued a $1.5 million verdict in a tobacco product liability case. The plaintiff, a man named Jimmy Hancock, was a life-long smoker who passed away in 2009 after developing chronic obstructive pulmonary disease (COPD). The product liability claim is notable for several different reasons. The jury found that the smoking of cigarettes was the cause of Mr. Hancock’s chronic illness and death, that the tobacco manufacturer bore some liability for its failure to warn the public of the adverse health effects of smoking, and that the victim was partially at fault for his own medical complications.
Plaintiff Smoked for Nearly 50 Years, Developed COPD
The case of Hancock v. R.J. Reynolds was heard in the 13th Judicial Circuit Court of Florida in Hillsborough County. According to the information provided by the parties, there were a number of different basic facts that were largely undisputed. To start, the victim, Mr. Hancock, started smoking cigarettes as a teenager way back in the 1950s. In 1991, he was diagnosed with a serious case of chronic obstructive pulmonary disease (COPD). He finally quit smoking in 2006. Unfortunately, three years later, Mr. Hancock passed away from complications related to COPD.
COPD is a Chronic Health Condition that Can Be Life-Threatening
COPD is effectively a chronic inflammatory lung disease. People diagnosed with COPD experience obstructed airflow to and from the lungs. COPD tends to gradually become more severe over time. It has the potential to be a life-threatening medical condition. It is also linked to a number of other problematic health complications. More specifically, COPD has been associated with an increased risk of pneumonia, hypertension, cardiac arrhythmias, and other severe heart problems.
Prolonged Cigarette Use Is Linked to COPD
Cigarettes are linked to many adverse health conditions. In fact, the Centers for Disease Control and Prevention (CDC) reports that nearly 400,000 people are killed each year because of smoking. The CDC also emphasizes that 75% of people who develop COPD in the United States were long-term smokers. Further, the CDC assesses that 80% of COPD-related deaths are linked to tobacco use. There is extensive, well-developed scientific literature that links COPD to tobacco.
Fault Is a Pivotal Issue in Modern Tobacco Litigation in Florida
Ultimately, the jury reached the conclusion that Mr. Hancock clearly had prolonged COPD and that he died because of complications related to that medical impairment. Further, the jury relied on the well-accepted medical evidence that links tobacco use to the development of COPD. There was no question that Mr. Hancock developed and was killed due to COPD, and there was no question that the COPD was linked to his tobacco use.
However, there was a dispute over liability. On the one hand, the plaintiff’s family argued that he was only partially responsible for his own medical complications. On the other hand, the tobacco company tried to largely avoid liability by arguing that Mr. Hancock developed COPD because he made the personal decision to smoke. In tobacco litigation in Florida, juries may assign liability based on the state’s comparative fault standard. They are not required to put all of the blame on either the smoker or the tobacco company.
Jury Verdict: Plaintiff 60% at Fault, Tobacco Company 40% at Fault
Consistent with many modern tobacco litigation verdicts, the Tampa, Florida, based jury determined that both the victim and the tobacco company shared joint responsibility for the medical complications. The jury found that Mr. Hancock was liable for 60% of his own health problems. Although he was addicted to cigarettes, he still made the choice to continue to smoke well-after he was aware of the health risks. As such, he was partially to blame for his COPD.
However, the Florida jury also found that the tobacco company (R.J. Reynolds) bore 40% of the blame. For many decades, Mr. Hancock—and many other people in his position—smoked cigarettes without being aware of the risks. R.J. Reynolds and other major tobacco companies failed to properly warn the public about the medical risks. Indeed, big tobacco manufacturers like R.J. Reynolds actively worked to conceal the health risks well after they were aware of them.
With 60% of the blame on the smoker and 40% of the blame on the tobacco company, the Florida jury awarded $1.5 million in financial compensation to the victim’s family. As Florida is a pure comparative fault jurisdiction state, many tobacco litigation cases involve verdicts whereby the smoker is found partially at fault for their own medical problems. However, Florida juries can still award compensation to the victim or their family even if the tobacco company is only partially at fault through the comparative fault standard.
One of Thousands of Florida’s ‘Engle-Progeny’ Tobacco Litigation Cases
The case of Hancock v. R.J. Reynolds is one of many thousands of Florida’s so-called ‘Engle-Progeny' cases. These cases arose because the Florida Supreme Court vacated a class action tobacco litigation verdict. As a consequence, a large number of smokers (and families of smokers) who were initially covered by that class action lawsuit were allowed to pursue individual product liability claims against the tobacco industry. The ‘Engle-Progeny' tobacco litigation cases are still making their way through the courts in Florida. A plaintiff who pursues a tobacco injury claim in Florida must prove that they (or their loved one) suffered medical harm because of their addiction to cigarettes and the negligence of the tobacco company.
Bernheim Kelley Battista & Bliss, LLC, is a full-service, results-focused personal injury, product liability, and consumer advocacy firm. If you or your loved one is considering filing a lawsuit against a tobacco company, an attorney can help. Contact the law firm today to request a free, fully confidential review and evaluation of your case. With offices in Florida and Massachusetts, Bernheim Kelley Battista & Bliss provides local and nationwide representation in mass tort claims against tobacco companies.