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: North Carolina Injury Lawyer Blog

Family Agrees to $5M North Carolina Wrongful Death Settlement with Chewing Tobacco Manufacturer

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The family of Bobby Hill have settled their North Carolina wrongful death case against US Smokeless Tobacco Co. for $5 million. Hill, who started chewing tobacco at age 13, died in 2003 from mouth and tongue cancer. He was 42. His wife Kelly sued the maker of Skoal and Copenhagen smokeless tobacco in 2005.

Hill?s family had accused the company of products liability, including the manufacturing and sale of a defective and dangerous product that it knows causes disease, addiction, and death. However, a spokesman for Altria, the company that acquired US Smokeless Tobacco last year, says the company has never made any health claims about its products and is not admitting to liability despite settling.

Since June, smokeless tobacco has to come with labels listing the risks associated with chewing tobacco, including gum disease, cancer, and tooth loss. The warning also has to say that smokeless tobacco is not a safer choice than cigarettes.

Prior to his passing, Hill underwent a number of surgeries to remove his tongue. The family?s case was strengthened by undisclosed letters from the tobacco company to minors offering free samples. The North Carolina wrongful death settlement, which is being called the first of its kind involving smokeless tobacco, could pave the way for more chewing tobacco lawsuit plaintiffs.

Oral Cancer Facts:
? Nearly 37,000 Americans are diagnosed with oral cancer annually.
? In five years, just a little over 50% of these people will still be alive.
? Oral cancer kills 8,000 people a year.
? The death rate for oral cancer is higher than the fatality rates for cervical cancer, testicular cancer, skin cancer, Hodgkin?s lymphoma, and laryngeal cancer.

The National Cancer Institute says that smokeless tobacco can causes oral cancer, pancreatic cancer, esophageal cancer, gum disease, heart disease, oral lesions, leukoplakia, and other cancers. Smokeless tobacco contains nicotine and can be addictive.

Canton man's family gets $5M in tobacco lawsuit, Citizen-Times, December 8, 2010

Chewing tobacco maker agrees to $5M settlement, TMCnet, December 10, 2010


Related Web Resources:
US Smokeless Tobacco Co.

National Cancer Institute

Full post as published by North Carolina Injury Lawyer Blog on December 12, 2010 (boomark / email).

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