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December 16, 2005 Liggett Settles Missouri Lung Cancer Trial
One day after a major defeat in Illinois, settlement demonstrates
Boston, MA:
Liggett Group today settled an individual lung cancer case as the jury deliberated and avoided the prospect of a large compensatory and punitive damages awards. While the terms of the settlement were not immediately known, a source close to the litigation characterized the plaintiffs' as being pleased with the result.
BACKGROUND
Mattern v. Liggett Group, a state court trial, began on November 28, 2005 in Civil Courts Building, 10 North Tucker Street, St. Louis (314-622-3241), before Judge Lisa Van Amburg in Division 7.
The plaintiffs were Sue Mattern and her husband, Keith. Sue Mattern started smoking L&M cigarettes, manufactured by the defendant, while she was in college in the mid-1950s. She smoked 3 packs per day until 1976 when she quit smoking. In recent years, she had been an active, health-conscious person and had played in a Senior Tennis Circuit.
In late 2002, she was diagnosed with lung cancer, which forced her to undergo both surgery and chemotherapy. She presently cannot swallow normally.
The trial began on November 28th with jury selection. Opening arguments were held on Thursday, December 1. The jury was deliberating on the question of liability when the settlement was reached.
Dr. David Egilman, a public health professor at Brown University, served as an expert for the plaintiffs. Dr. Egilman testified earlier this year in a Texas trial where jurors returned a verdict against Merck & Co., the maker of Vioxx.
The plaintiffs are represented by Humphrey, Farrington & McClain of Independence, Missouri (816-836-5050).
The defendant is represented by Kasowitz, Benson, Torres and Friedman, LLP of New York.
COMMENTARY
Edward L. Sweda, Jr., Senior Staff Attorney for the Tobacco Products Liability Project at Northeastern University School of Law, a non-profit organization that supports tobacco litigation as a public health strategy, noted that, "despite some ups and downs, tobacco litigation is alive and well. When an industry engages in conduct as reprehensible as the tobacco industry has, our civil justice system will provide an opportunity for redress in the courts."
Mark Gottlieb, Director of the Tobacco Products liability Project noted: "Clearly, Liggett did not like its chances in the hands of the jury and decided that a settlement was a better risk than the possibility of large punitive damages. While the multi-billion dollar cases garner the most attention, the drumbeat of individual cases for the hundreds of thousands of victims of the cigarette companies serves as a reminder that the products that this industry sells are both addictive and lethal." "
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