Q.   I am seriously ill from smoking and I'm interested in suing the tobacco industry.  What should I do? 

A.   A lawsuit brought on behalf of you and your family is, of course, a major endeavor, especially against an opponent with vast resources at its disposal.  Your best option will be to contact a law firm that has the resources and expertise to take on the tobacco companies in court.  The Tobacco Products Liability Project can assist you in linking you with such a law firm.  To learn more, contact TPLP's Senior Attorney, Edward L. Sweda, at ed @tplp.org

Q.   I know smoking causes lung cancer -- what other diseases does it cause?   

A.   Unfortunately, smoking causes a wide variety of fatal diseases in human beings.  Tobacco's death toll is more than 442,398 -- just in the United States alone. See  http://www.cdc.gov/nccdphp/aag/aag_osh.htm  The average annual number of deaths in the U.S. for 1995-99 are: lung cancer 124,813; coronary heart disease 81,976; chronic lung disease 82, 431; other diagnoses 104,785; other cancers 30,948; and stroke 17,445.

Q.   Isn't suing the tobacco industry just a way for trial lawyers to get rich? 

A.   That's exactly what the tobacco industry would like you to believe.  The fact is that if there is a plaintiff's lawyer who is motivated solely by the desire to get rich, that lawyer would be the LEAST likely to be suing tobacco companies, since these companies remain quite formidable in court.  This is true because of the companies' financial wealth, their ability to hire many talented attorneys and their history of seeking to wear down their litigation opponents through delaying tactics and other efforts to run up the expenses for those who dare to sue them.  Lawyers who are most effective in taking on Big Tobacco in court are those who, in addition to being talented litigators, are motivated by a deep passion for justice and fair play and who recognize the fundamental role of American juries in bringing corporate wrongdoers to justice.    

Q.   I thought all the litigation was finished when the states settled their cases with the industry.  Isn't that true?

A.   No, only the lawsuits brought on behalf of the states in the 1990s were settled.  Four states (Mississippi, Florida, Texas and Minnesota) settled their cases separately while the remaining 46 states settled their cases in November 1998 as part of the Master Settlement Agreement (MSA).  For more info on the MSA, click here.  More than 4000 other lawsuits are currently pending against the tobacco companies in the United States.  These include: lawsuits brought on behalf of individuals and their families; class action lawsuits seeking damages for consumers harmed by the industry's scam regarding so-called "light" cigarettes; a class action lawsuit in Louisiana seeking compensation for the costs of smoking cessation for addicted smokers in that state; the United States government's lawsuit against the tobacco industry; and lawsuits brought on behalf of nonsmoking flight attendants who were harmed by on-the-job exposure to secondhand smoke before the smoking ban on airlines took effect more than 10 years ago.

Q.   How do I learn about current cases?

A.   One way is to contact the Tobacco Products Liability Project (TPLP) and its website at www.tplp.org.  TPLP regularly produces media backgrounders and commentaries on particular tobacco trials.

Q.   How can I join a class action lawsuit against the tobacco companies?

A.  Again, contact TPLP at ed @tplp.org 

Q.   How can I protect myself from other people's tobacco smoke?

A.   Protection from the dangerous poisons contained in secondhand smoke can be achieved in a variety of ways.  One can make it clear to friends and other visitors to your home that smoking inside is not permitted.  Many communities and states are adopting laws to make places open to the public 100% smoke-free.  Some nonsmokers who have been harmed by exposure to secondhand smoke have brought lawsuits against employers to force them to provide a safe and healthful workplace or, if the damage has already been done, for compensation for injuries suffered.  Other litigation has been brought to protect children from secondhand smoke when there is a child custody dispute between divorcing parents, while another category of cases has involved smoking in a prison setting.  Let others know that you object to being forced to breathe someone else's tobacco smoke.
 

© Copyright 2005 Tobacco Control Resource Center, Inc.