Florida Verdicts

Plaintiff(s):

Florence Monroe (Female, 49 Years)

Plaintiff Attorney(s):

Daryl D. Parks;
Parks & Crump, LLC;
Tallahassee,
FL,
for
Florence Monroe ■ Juan P. Bauta II;
The Ferraro Law Firm, P.A.;
Miami,
FL,
for
Florence Monroe ■ Allan B. Kaiser;
The Ferraro Law Firm, P.A.;
Miami,
FL,
for
Florence Monroe

Plaintiff Expert(s):

Kevin Passer; Psychiatric Malpractice; Hattiesburg,
MS called by:
Daryl D. Parks, Juan P. Bauta II, Allan B. Kaiser ■ Duncan Postma; M.D.; Otolaryngology; Tallahassee,
FL called by:
Daryl D. Parks, Juan P. Bauta II, Allan B. Kaiser ■ Robert Proctor; Ph.D.; Historian; Stanford,
CA called by:
Daryl D. Parks, Juan P. Bauta II, Allan B. Kaiser ■ William Westra; M.D.; Pathology; Baltimore,
MD called by:
Daryl D. Parks, Juan P. Bauta II, Allan B. Kaiser

Defendant(s):

Liggett Group, LLC, 

Lorillard Tobacco Co., 

Vector Group LTD, Inc., 

Philip Morris USA, Inc., 

R.J. Reynolds Tobacco Company

Defense Attorney(s):

John M. Walker;
Jones Day;
Atlanta,
GA,
for
R.J. Reynolds Tobacco Company ■ None reported;

for
Liggett Group, LLC, Lorillard Tobacco Co., Vector Group LTD, Inc., Philip Morris USA, Inc. ■ Jack Williams;
Jones Day;
Atlanta,
GA,
for
R.J. Reynolds Tobacco Company ■ Amidi C. Uchechi;
Jones Day;
Atlanta,
GA,
for
R.J. Reynolds Tobacco Company

Defendant Expert(s):

Juan Felix;
Anatomic Pathology;
Los Angeles,
CA called by:
John M. Walker, Jack Williams, Amidi C. Uchechi ■ William Giakas;
Psychiatry;
Rockford,
IL called by:
John M. Walker, Jack Williams, Amidi C. Uchechi

In 1993, plaintiff Florence Monroe, 49, was diagnosed with laryngeal cancer. Monroe sued R.J. Reynolds Tobacco Company, Philip Morris USA, Inc., Lorillard Tobacco Co., Liggett Group, LLC, and Vector Group LTD, Inc., alleging products liability, defective product, negligence, fraudulent concealment, and conspiracy to fraudulently conceal material information. Monroe alleged that the sued parties’ sale of defective cigarettes, negligence, fraud and conspiracy caused her to become addicted to cigarettes containing nicotine, and that her addiction caused her to develop cancer. All of the defendants with the exception of R.J. Reynolds were dismissed prior to trial. It was determined that Monroe mainly smoked cigarettes manufactured by R.J. Reynolds Tobacco Company. The case stemmed from a Florida state-court class-action, Engle v. R.J. Reynolds Tobacco Co. In 2000, a jury in that case 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, but permitted potentially thousands of lawsuits to be filed. For plaintiffs to be allowed to rely on jury findings in the Engle litigation, they must establish that they would qualify as members of the Engle class of plaintiffs. This includes proving that there had been a manifestation of the disease due to smoking by the date of Nov. 21, 1996. Monroe claimed she began smoking at age 14 before there were federal government warnings on cigarette packs and cartons and eventually smoked two packs per day. Monroe’s expert tobacco historian opined that the sued tobacco company engaged in fraud and conspired to conceal the health effects of cigarettes and their addictive nature. He also opined that the tobacco companies utilized mass advertising, including those that specifically targeted youth. Monroe alleged her laryngeal cancer was caused by R.J. Reynolds’ concealment, which fueled a nicotine addiction that led her to smoke up to two packs per day. Monroe’s addiction expert opined she was addicted to nicotine. Defense counsel for R.J. Reynolds denied all of Monroe’s allegations, contending that Monroe was not addicted to cigarettes containing nicotine. The defense further claimed that Monroe chose to smoke knowing the risks and bore legal responsibility for the consequences of that decision. Defense counsel also argued that the human papillomavirus, or HPV, caused Monroe’s cancer. Further, the defense argued there was a medical link between HPV and her cancer. In rebuttal, Monroe’s treating physician opined that Monroe was never diagnosed with HPV. He opined that her throat cancer was caused by smoking. Monroe’s expert otolaryngologist, who specializes in HPV, opined that her cancer was not HPV-related. He opined that smoking is the number one cause of laryngeal cancer.

In 1996, Monroe had her voice box surgically removed because of the cancer. Monroe claimed she has difficulty speaking. Monroe sought to recover damages for past and future medicals; and past and future pain and suffering. Monroe’s counsel suggested the jury award $20 million. Monroe also sought punitive damages. The defense argued that Monroe did not deserve any damages because R.J. Reynolds’ cigarettes were not the cause of her cancer .

The jury found that Florence Monroe was addicted to cigarettes containing nicotine and that such addiction was a legal cause of her laryngeal cancer. The jury found R.J. Reynolds 58 percent liable, and Florence Monroe 42 percent. The jury found there was no intentional fraud and the case did not warrant punitive damages. The jury determined that Monroe’s damages totaled $11 million. Because of comparative negligence, the award was reduced to $6,380,000.

Actual Award:

$6,380,000

Judge:

Martin Fitzpatrick

Trial Length:

9
 days

Trial Deliberations:

4
 hours

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to the reporter’s phone calls.