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Old 14th August 2009, 01:26 AM   #1
Oliver
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Thumbs down Husband of 2-pack-a-day smoker gets $1.9M

Quote:
Husband of 2-pack-a-day smoker gets $1.9M

A Florida jury awarded a 92-year-old man $1.9 million in compensatory damages for the death of his wife, a former two-pack-a-day Marlboro smoker who started when she was 16 and died in her 70s, attorneys said Thursday. The jurors put the total award at $5.3 million but found that Philip Morris USA was only 36.5 percent responsible for the lung cancer that plaintiffs said killed Leon Barbanell's wife. full story

Why didn't he get the 1.9 quattuordecillion he surely deserved for his wife lack of responsibility, causing her death pretty much by herself?

Also, what's up with the claim that "Philip Morris USA was only 36.5 percent responsible for the lung cancer"? How in the world did they make up that number?

And for the record: I'm smoking a cigarette right now, a Marlboro, to be specific. [Just in case I get some financial health-related problems Marlboro is responsible for to 30-something percent anyway]
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Old 14th August 2009, 01:51 AM   #2
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crazy
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Old 14th August 2009, 02:26 AM   #3
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I am not sure for the rest of the world, but as far as I remember correctly (which is not a given) but in the US the tobacco company were hit hard with lawsuit, because for dozen of years they pretended smoking was harmless, while fully knowing it was not. Due to this , they were liable.

I can only assume in the case above somebody did some calculation on the time between when the woman starting smoking, when it was known / the lawsuit against tobacco company was, then assign 50% responsibility to her 50% to the company before the process, and 100% responsibility after the process and when it was written everywhere "tobacco will KILL you give you lung cancer". That seems to come roughly correct in the numbers ranges to come up with a 36.5%, could also be they pulled the number out of thin air.
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Old 14th August 2009, 02:33 AM   #4
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Individuals cannot be held responsible and accountable for their choices. Only teh eevil companies can.

She died in her 70's? That's about par for the course anyway.

But just in case: I also started smoking at 16 too. (Quit 3 years ago. ) But if I die of lung cancer anyway I want a couple million to go to my heirs too.
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Old 14th August 2009, 02:40 AM   #5
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That is pretty effed up. What's that old man going to do with all that loot?

Originally Posted by Aepervius View Post
I am not sure for the rest of the world, but as far as I remember correctly (which is not a given) but in the US the tobacco company were hit hard with lawsuit, because for dozen of years they pretended smoking was harmless, while fully knowing it was not. Due to this , they were liable.
I wonder if that's where the prosecutors were going... I mean the couple was really old. Maybe that's the reason for the 36.5%. Maybe Philip Morris was lying to her about cigs being harmless for only 36.5% of her smoking life.

If that's the case, I gotta call my mom and dad. They both smoke. Maybe they can get paid for being lied to for like 15% of their life.
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Old 14th August 2009, 02:56 AM   #6
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I think it's good. Not because the husband deserves the money, but because the cigarrette companies did specifically target children and non smokers. They need to be made accountable for the widespread damage they have done. This is only the start.
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Old 14th August 2009, 03:10 AM   #7
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Originally Posted by a_unique_person View Post
I think it's good. Not because the husband deserves the money, but because the cigarrette companies did specifically target children and non smokers. They need to be made accountable for the widespread damage they have done. This is only the start.
but meanwhile the tabaco industrie admits its bad for your health.
so every smoker, including me, knows he is stupid.
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Old 14th August 2009, 04:38 AM   #8
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Originally Posted by DC View Post
but meanwhile the tabaco industrie admits its bad for your health.
so every smoker, including me, knows he is stupid.
But wouldn't that make you stupid too?
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Old 14th August 2009, 04:42 AM   #9
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Originally Posted by Pardalis View Post
But wouldn't that make you stupid too?
including me = moi inclusive = mich eingeschlossen = also me.

yes thats what i said. and you bolded it

ETA: autocritique isnt unknown to me.

Last edited by DC; 14th August 2009 at 04:48 AM.
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Old 14th August 2009, 04:51 AM   #10
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Glad we agree on something.
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Old 14th August 2009, 04:58 AM   #11
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Originally Posted by Pardalis View Post
Glad we agree on something.
i dont think so, i ment it in regard to smoking. you propably agree on me beeing stupid in general but thats ok, it was what i expected.
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Old 14th August 2009, 06:34 AM   #12
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Originally Posted by DC View Post
but meanwhile the tabaco industrie admits its bad for your health.
so every smoker, including me, knows he is stupid.
I'm talking about targetting minors, which has something the tobacco industry has actively done. Cigarettes are highly addictive, and if you get them when they are young, by the time they are adults, it's already too late.
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Old 14th August 2009, 06:37 AM   #13
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Originally Posted by a_unique_person View Post
I'm talking about targetting minors, which has something the tobacco industry has actively done. Cigarettes are highly addictive, and if you get them when they are young, by the time they are adults, it's already too late.
ah okey, good point.

i regret that i found it cool when i was a teenager, it made me start, just to be as cool as the big guys.
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Old 14th August 2009, 06:40 AM   #14
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Non smoker here. I hate tobacco. I hate the way it smells. I hate people who smoke in restaurants, in bus shelters, wherever they damned well please. I hate them smoking on the sidewalks now that they've been kicked out of the buildings, I hate having to hold my breath for fifty feet as I walk past a long row of pathetic tobacco addicts.

That said, this award is ridiculous and people should suffer for the negative results of their own choices which they made countless times.
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Old 14th August 2009, 06:42 AM   #15
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i feel hated but can fully understand you.
i take away your right to breath smokeless air.
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Old 14th August 2009, 06:46 AM   #16
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No... I have to be honest in my hypocrisy: if everyone were smoking the rolled up plant parts that I approve, it'd be fine with me.

Some people like cucumbers better pickled.
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Old 14th August 2009, 06:48 AM   #17
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Originally Posted by Magnifico2.0 View Post
Non smoker here. I hate tobacco. I hate the way it smells. I hate people who smoke in restaurants, in bus shelters, wherever they damned well please. I hate them smoking on the sidewalks now that they've been kicked out of the buildings, I hate having to hold my breath for fifty feet as I walk past a long row of pathetic tobacco addicts.

That said, this award is ridiculous and people should suffer for the negative results of their own choices which they made countless times.
They were addicted, and they often started when they were minors.
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Old 14th August 2009, 06:49 AM   #18
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Originally Posted by a_unique_person View Post
They were addicted, and they often started when they were minors.
excuses
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Old 14th August 2009, 07:32 AM   #19
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Originally Posted by DC View Post
excuses
Not really. By definition, minors are not responsible for their own choices. Also by more or less by definition, the victims of a fraud or of misleading advertisement are not responsible for their own choices.

If the tobacco companies deliberately targeted minors (as they did) and deliberately presented cigarettes as safe while knowing that was a lie (as they also did), then they, not the victims, are responsible for the victims' injuries.
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Old 14th August 2009, 07:40 AM   #20
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Fair or not, it's great to see the tobacco industry getting its butt kicked!
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Old 14th August 2009, 07:48 AM   #21
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Originally Posted by drkitten View Post
Not really. By definition, minors are not responsible for their own choices. Also by more or less by definition, the victims of a fraud or of misleading advertisement are not responsible for their own choices.

If the tobacco companies deliberately targeted minors (as they did) and deliberately presented cigarettes as safe while knowing that was a lie (as they also did), then they, not the victims, are responsible for the victims' injuries.


No chance you dont know its deathly in Switzerland.
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Old 14th August 2009, 07:59 AM   #22
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Originally Posted by a_unique_person View Post
They were addicted, and they often started when they were minors.
And years later as adults, with the full knowledge of the hazards of smoking, they kept on smoking.
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Old 14th August 2009, 08:03 AM   #23
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Odd, usually the causation has to be 50% or more. But the other foot has yet to drop. Judges ubiquitously lower damages. Why they even bother to ask the jury for a monetary amount is beyond me. Take Exxon Valdez for example----
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Old 14th August 2009, 08:05 AM   #24
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Originally Posted by Kestrel View Post
And years later as adults, with the full knowledge of the hazards of smoking, they kept on smoking.
And here I thought that was what addiction was all about: you go on doing things that are bad for you. My mistake!
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Old 14th August 2009, 08:08 AM   #25
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So can adult child who has health problems sue his chain smoking parents for his exposure to second hand smoke? Both in the home and in the womb?
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Old 14th August 2009, 08:10 AM   #26
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Originally Posted by Magnifico2.0 View Post
Non smoker here. I hate tobacco. I hate the way it smells. I hate people who smoke in restaurants, in bus shelters, wherever they damned well please. I hate them smoking on the sidewalks now that they've been kicked out of the buildings, I hate having to hold my breath for fifty feet as I walk past a long row of pathetic tobacco addicts.
The ban on smoking in most enclosed public spaces in the UK has been good in some ways, but in many respects has just displaced smokers to the open air. Restaurants, pubs and bars are infinitely nicer places to be in, but the absence of the haze of tobacco smoke in some nightclubs (at least, the ones I frequent!) do make you realise how much it was masking. Most have had to contrive semi-external smoking areas of varying effectiveness, where I occasionally join my smoking friends. Luckily, I never learnt how to inhale, but do enjoy the occasional cigar in those circumstances.

Last edited by Information Analyst; 14th August 2009 at 08:11 AM.
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Old 14th August 2009, 08:18 AM   #27
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Very good. Let's screw all the rest of the corporate, death-dealing criminals for all they're worth.
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Old 14th August 2009, 08:24 AM   #28
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Originally Posted by Tumbleweed View Post
And here I thought that was what addiction was all about: you go on doing things that are bad for you. My mistake!
Smokers are addicted to nicotine, not to smoking. They can satisfy this addiction in other ways, such as chewing nicotine gum, that don't have the horrible health consequences of smoking cigarettes.
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Old 14th August 2009, 08:40 AM   #29
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Originally Posted by Kestrel View Post
And years later as adults, with the full knowledge of the hazards of smoking, they kept on smoking.
Because they were addicted and therefore not capable of stopping. And, of course, the cigarette companies knew the product they were peddling was highly addictive and didn't bother to mention THAT either or provide any mitigation, which makes them responsible for the addiction.
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Old 14th August 2009, 08:42 AM   #30
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Originally Posted by DC View Post
No chance you dont know its deathly in Switzerland.
No chance you don't know it is deadly now. How long have those labels been there? (In the USA, only since 1965, which means people in 1964 didn't necessarily know.)
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Old 14th August 2009, 08:54 AM   #31
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Originally Posted by MikeSun5 View Post
That is pretty effed up. What's that old man going to do with all that loot?
He could buy cleaning supplies to remove the tar and nicotine from the walls and ceiling of where they lived. Maybe buy some paint, or hire some painters to freshen up the place.

He could buy the book, Ashes to Ashes: America's Hundred-Year Cigarette War, the Public Health, and the Unabashed Triumph of Philip Morris. Then he can read about the health hazards and so many other issues- he should have been aware of long ago.
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Old 14th August 2009, 08:59 AM   #32
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Originally Posted by drkitten View Post
No chance you don't know it is deadly now. How long have those labels been there? (In the USA, only since 1965, which means people in 1964 didn't necessarily know.)
only since 1965?
we only have em a couple of years. mmhh
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Old 14th August 2009, 10:06 AM   #33
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Originally Posted by Kestrel View Post
Smokers are addicted to nicotine, not to smoking.
I don't find that to be my case.
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Old 14th August 2009, 10:48 AM   #34
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Originally Posted by Kestrel View Post
Smokers are addicted to nicotine, not to smoking. They can satisfy this addiction in other ways, such as chewing nicotine gum, that don't have the horrible health consequences of smoking cigarettes.
It was that kind of logic that got me to quit smoking. I had reasoned that I would quit smoking but not give up nicotine. I used the patch and after 4 weeks I was able to quit the patch.
So if you want to quit smoking, just get your nitotine another way (and dont put a time frame on it, just continue to take it until you can no longer feel any benefit from it and then quit that). Also carry a cigarette with you as something to hold or put in your mouth, that also helps with the cravings.

This worked for me and I was a two pack a day smoker for 15 years.
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Old 14th August 2009, 10:55 AM   #35
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Originally Posted by DC View Post
only since 1965?
we only have em a couple of years. mmhh

Excellent, I'm going to call my lawyer right now.
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Old 14th August 2009, 11:37 AM   #36
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I feel kind of bad for folks who started smoking back when the tobacco companies covered up damaging information, but in this day and age, what fool can claim they had no awareness of the negative effects of smoking? Why would you ever start that crap? I don't care if you're thirteen, I knew better than to start when I was a child. It has got to be the stupidest habit I can imagine- paying for the privilege of ruining your health. It's a farce.
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Old 14th August 2009, 12:52 PM   #37
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Originally Posted by JihadJane View Post
Very good. Let's screw all the rest of the corporate, death-dealing criminals for all they're worth.
Your comments always come through like if someone had farted in an assembly. You can slightly hear it, it's kind of annoying, but otherwise the discussion continues as if nothing happened.
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Old 14th August 2009, 02:46 PM   #38
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Odds are, lung disease from smoking will be what claims my mother. I refuse to support her habit. I will not find her lighter or her cigarettes for her, I will not let her smoke in my house, and unlike my sister, I will not bring her home cartons of cigarettes.

She's quit quitting and has opted to accept her impending lung disease from this.

I wouldn't sue over it. She was 8 when the labels went on. She was capable of quitting while carrying me. She's fully responsible for this and knows it.
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Old 14th August 2009, 03:40 PM   #39
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Originally Posted by Kestrel View Post
And years later as adults, with the full knowledge of the hazards of smoking, they kept on smoking.
I just said they were addicted. The word addicted has a meaning.
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Old 14th August 2009, 05:03 PM   #40
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A couple of points. First, I realize this may sound like a ridiculous verdict at first blush, but one has to keep in mind that this woman started smoking when she was 16. It says she died "in her 70's", but doesn't specify what year she died. Assuming she died a few years ago, let's say in 2005 and she died when she was exactly 70 years old, that means she started smoking in 2005 - 54 = 1951.

Now, warning labels did not start appearing on cigarettes in the US until 1966, between 1996-1970 the warning simply said "cigarettes may be hazardous to your health", that's about as lame a warning as you can get. Even from 1970 to 1985 the label simply said "the surgeon general has determined that cigarette smoking is dangerous to your health", which is better but still very unspecific. The phrase "dangerous to your health" does not give any indication of the scope of the danger. Not until 1985 were there specific warnings as the exact nature of the danger.

In addition to this, for decades prior to the warnings, tobacco companies knew their products were dangerous, knew they were addictive and continuously covered it up. They even portrayed smoking as part of a healthy lifestyle.

So, even assuming the warnings beginning in 1966 were effective, that would mean she smoked for 15 years under a false impression of the safety of cigarettes FOSTERED by the manufacturer who knew they were dangerous. If you take the POV that the 1966-1970 warnings were not effective (and I don't think they were), then for at least 20 years she smoked without adequate warning. You could go further and argue that not until 1985 did the warnings truly become effective, which would make the total time 35 years.

My guess is that the jury decided that the warnings beginning in 1970 were effective, so she smoked for 54 years total, out of which 20 the tobacco companies were responsible, so that gives 54/20 = 37% (their actual figure was 36.5, so maybe I'm a little off on the year she died)

The weird thing is that the article says the $1.9M was _compensatory_ damages, which seems really high. Normally when you see an award this high a lot of it is punitive damages because that is based entirely on the profits the company made during their wrongful actions and not actual damages inflicted. Of course, the article might be wrong on that count.

In any case, I think you can argue that the award is too high strictly for compensatory damages, but I don't see how it can be argued that from at least 1951 to 1966 the tobacco company is liable for promoting a product as safe all the while knowing it was not. The same rules apply to any company, If a car company sold a car for 15 years and promoted it as safe all the while knowing it was severely defective, I think any reasonable person would conclude that someone damaged in that car should be compensated.
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