Personal Injury Law

$600 Million Fund To Go To Injured Florida Smokers

By Jane Akre

Thousands of Floridians who have been injured by cigarettes are lining up to share in a $600 million trust fund set up to compensate smokers for illness.

A Miami-Dade Circuit Court judge ruled Friday that Engle Trust Fund will be distributed to thousands of Florida smokers and their survivors. The distribution will be equally divided rather than based on the severity of illness. Judge David C. Miller said individual trials would take too much time. 

Smokers must have been diagnosed with a smoking-related illness before November 21, 1996. A previous jury ruling established those injuries include lung cancer, chronic obstructive pulmonary disease (COPD) and emphysema, among others.

Friday's ruling was the latest moving the Engle case one step closer to resolving the 14 years of litigation. Miami Beach pediatrician Howard Engle headed a class-action lawsuit filed in 1994 against Big Tobacco. It appeared to be over in 2000 when a jury ruled in a landmark $145 billion against R. J. Reynolds, Philip Morris and three other major tobacco firms.

But that verdict was overturned in 2006. Smokers would have to file individual cases while at the same time the justices let stand the jury's findings that cigarettes are unreasonably dangerous, that cigarettes cause numerous damages; that nicotine is addictive; that Big Tobacco acted negligently and that tobacco companies intentionally concealed information about the impact of cigarettes on smokers' health.  

Knowing they would be on the hook for some damages, the tobacco companies put up $700 million to benefit smokers. That has turned to $800 million with interest. On Friday the judge ruled that Stanley and Susan Rosenblatt, the attorneys who brought the Engle case, should receive more than $200 million for their work over the 15 years.

Comments following the Miami Herald story take a swipe at the lawyers who filed the 1994 action, despite the fact that they were not reimbursed during the 14 years and add fuel to the tort reform fire.

The original defendant companies were Philip Morris USA (a subsidiary of Altria Group Inc.); R.J. Reynolds Tobacco Co. (a unit of Reynolds American Inc.); Brown & Williamson (now part of Reynolds American); Lorillard Tobacco (a Loews Corp. subsidiary); and the Liggett Group (part of Liggett Vector Brands Inc.).

June 16th is the deadline for the Engle Trust Fund applications. Potential plaintiffs can contact that or other Web sites set up to take applications and see if they or a family member qualify. # 

Full post as published by InjuryBoard on April 21, 2008 (boomark / email).