Florida Verdicts

Plaintiff(s):

Mary Brown (Female), 

Jennifer Brown (Female), 

Estate of Rayfield Brown (Male, 58 Years)

Plaintiff Attorney(s):

John S. Kalil;
Law Offices of John S. Kalil, P.A.;
Jacksonville,
FL,
for
Mary Brown, Jennifer Brown, Estate of Rayfield Brown ■ Robert E. Shields;
Doffermyre Shields Canfield & Knowles, LLC;
Atlanta,
GA,
for
Mary Brown, Estate of Rayfield Brown

Plaintiff Expert(s):

Marvin Goldberg; Ph.D.; Marketing; Philadelphia,
PA called by:
Robert E. Shields ■ Robert Proctor; Ph.D.; Historian; Stanford,
CA called by:
Robert E. Shields ■ Sandra Frazier; Ph.D.; Psychiatry; Birmingham,
AL called by:
Robert E. Shields ■ Matthew Luke; Oncology; Fernandina Beach,
FL called by:
Robert E. Shields

Defendant(s):

Philip Morris USA

Defense Attorney(s):

Kenneth J. Reilly;
Shook, Hardy & Bacon;
Miami,
FL,
for
Philip Morris USA ■ Amir C. Tayrani;
Gibson Dunn & Crutcher LLP;
Washington,
DC,
for
Philip Morris USA ■ Hassia Diolombi;
Shook, Hardy & Bacon;
Miami,
FL,
for
Philip Morris USA

Defendant Expert(s):

Jonathan Rosman;
Psychiatry;
Pasadena,
CA called by:
Kenneth J. Reilly, Amir C. Tayrani, Hassia Diolombi

In 1993, plaintiff Rayfield Brown, 56, a postal worker, was diagnosed with lung cancer, after about 40 years of smoking cigarettes. He died of the cancer on July 29, 1995. Mary Brown, representing the estate of her husband, sued Philip Morris USA, alleging claims under theories of strict products liability, negligence, fraud, and conspiracy to fraudulently conceal material information. The estate alleged that the tobacco company caused Brown to become addicted to cigarettes and that his addiction caused his lung cancer and death. The case stemmed from the Florida state court class-action case Engle v. R.J. Reynolds Tobacco Co., 945 So. 2d 1246 (2006). In the Engle case, in 2000, a jury rendered a $145 billion punitive damages verdict in favor of a class of Florida smokers allegedly harmed by their addiction to nicotine. In 2006, the Florida Supreme Court reversed that award and decertified the class action, but allowed thousands of potential class members to file their own individual lawsuits. The court ruled that the Phase I findings of the Engle jury would be res judicata for any plaintiff that proved his or her class membership. To qualify for for the Engle Phase I findings, plaintiffs must establish that they (or their deceased loved one) were Florida citizens and residents who have suffered, presently suffer, or have died from diseases and medical conditions caused by addiction to cigarettes. The Florida Supreme Court ruled that the cut-off date for class membership was Nov. 21, 1996, meaning potential class members must prove their smoking-related disease manifested itself by that date. Brown was diagnosed with lung cancer in 1993. The estate alleged that Brown began smoking in 1955, before government-mandated warnings were placed on cigarette packages. The estate’s expert historian testified that Philip Morris USA engaged in fraud and conspired to conceal the health effects of cigarettes and their addictive nature. The expert also stated that the company used mass advertising, including those that targeted youth. The estate’s medical expert testified that smoking caused Brown’s lung cancer. The estate’s addiction expert, a psychiatrist, testified that Brown was addicted to nicotine according to the Statistical Manual of Mental Disorders, 4th Ed. (DSM IV) criteria for substance dependence. Brown’s treating oncologist testified that smoking caused his lung cancer. Defense counsel denied all of the estate’s claims, contending that Brown was not addicted to cigarettes, and that he chose to smoke knowing the risks and bore legal responsibility for the consequences of that decision. Defense counsel argued that Brown, when he was a high-school athlete, ignored warnings from coaches, friends, and family about the dangers and addictiveness of smoking. The defense’s addiction expert testified that Brown continued to smoke because of his personal choice and not because of any addiction or reliance on concealed information.

Brown’s wife and daughter, Jennifer Brown, sought damages for loss of companionship and affection and for mental pain and suffering. Mary Brown also sought damages for the loss of her husband’s past support and services. The estate sought damages for the value of past and future lost wages and earnings of Rayfield Brown from the date of injury until date of his death. Rayfield Brown worked as a station manager for the U.S. Postal Service at the time of his cancer diagnosis. The estate also sought reimbursement of medical bills and/or funeral expenses. The estate’s counsel suggested that the jury award $12.5 million and also sought unspecified punitive damages. The defense argued that the amount the estate sought in compensatory damages was excessive, as it is difficult to place a dollar amount on one’s life.

The jury found that Rayfield Brown was addicted to cigarettes manufactured by Philip Morris USA, and that his addiction caused his lung cancer and death. The jury awarded damages of $6,375,277, but declined to award punitive damages.

Estate of Rayfield Brown: $137,750 Personal Injury: past and future lost wages and earnings; $114,287 Personal Injury: medical bills and/or funeral expenses; Jennifer Brown: $2,000,000 Personal Injury: mental pain and suffering; and loss of companionship, instruction and guidance; Mary Brown: $123,240 Personal Injury: Past Loss Of Services; $4,000,000 Personal Injury: pain and suffering, and loss of protection and companionship

Judge:

Harvey Jay

Trial Length:

12
 days

Trial Deliberations:

5
 hours

This report is based on information that was provided by plaintiffs’ counsel. Defense counsel for Philip Morris USA did not respond to the reporter’s phone calls.