Florida Verdicts

Plaintiff(s):

Elaine Jordan (Female, 44 Years)

Plaintiff Attorney(s):

Laura M. Shamp;
Law Offices of Laura M. Shamp;
Atlanta,
GA,
for
Elaine Jordan

Plaintiff Expert(s):

Ian Ratner; Accounting; Atlanta,
GA called by:
Laura M. Shamp ■ David Burns; M.D.; Public Health; San Diego,
CA called by:
Laura M. Shamp ■ Susan Blank; M.D.; Neuropsychology; Snellville,
GA called by:
Laura M. Shamp ■ Robert Proctor; Ph.D.; Historian; Stanford,
CA called by:
Laura M. Shamp ■ Gilbert Spruance; Life Care Planning; Jacksonville,
FL called by:
Laura M. Shamp ■ Mitchell Rothstein; M.D.; Pulmonology; Jacksonville,
FL called by:
Laura M. Shamp

Defendant(s):

Philip Morris USA Inc.

Defense Attorney(s):

Walter L. Cofer;
Shook, Hardy & Bacon L.L.P.;
Kansas City,
MO,
for
Philip Morris USA Inc.

Defendant Expert(s):

Peter Lipowicz;
Sciences;
Richmond,
VA called by:
Walter L. Cofer ■ William Frazier;
Chronic Obstructive Pulmonary Disease (COPD);
Jackson,
MS called by:
Walter L. Cofer ■ Christopher Ticknor;
Psychiatry;
San Antonio,
TX called by:
Walter L. Cofer

In 1993, plaintiff Elaine Jordan, 44, a saw-mill worker, was diagnosed with chronic obstructive pulmonary disease (COPD), a lung condition that blocks airflow and makes it difficult to breathe. Jordan sued Philip Morris USA Inc., alleging products liability, negligence, fraudulent concealment, and conspiracy to fraudulently conceal material information. She claimed the company’s cigarettes caused her to become addicted, for four decades, to nicotine and to develop COPD. 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 disease due to smoking by the date of Nov. 21, 1996. Jordan stated she began smoking at age 16, because she thought it looked cool, at a time before there were warnings on cigarette packages. Her expert historian testified that Philip Morris engaged in fraud and conspired to conceal the health effects of cigarettes and their addictive nature. The expert also testified that the company used mass advertising, including ads that specifically targeted youth. Her treating pulmonologist testified that Jordan had smoking-caused emphysema. Jordan’s addiction expert, a neuropsychologist, testified that Jordan was addicted to smoking. The company denied all allegations. Defense counsel argued Jordan chose to smoke knowing the risks and bore legal responsibility for the consequences of that decision. The defense argued that she enjoyed smoking and the taste of cigarettes. The company’s addiction expert, a psychiatrist, testified that Jordan was not addicted to cigarettes containing nicotine. The company’s expert pulmonologist testified that smoking did not cause her COPD. He testified that Jordan’s COPD could have been caused by her exposure to wood dust while she worked in a saw mill.

In 1999, Jordan stopped working because of declining health. In 2002, she underwent a left-lung transplant. The transplanted lung failed, and in 2012 she underwent a second lung transplant. Jordan suffered kidney failure as a side-effect of taking prescribed anti-organ rejection drugs after her first lung transplant. In 2012, she underwent a kidney transplant. Jordan asserted that she would have died from COPD if she had not secured lung transplants, and that her lifestyle has been severely impacted by her COPD. Jordan sought damages for past and future medical expenses, past lost income and services, and past and future pain and suffering. Jordan’s lifecare planning expert testified she will need medical treatment the rest of her life. Her counsel suggested the jury award her $10 million. Jordan’s counsel argued to the jury that one day’s profit for Philip Morris totaled $11 million. Jordan also sought punitive damages against Philip Morris to punish the company for its past behavior. The company’s expert scientist testified that punitive damages were not warranted, because it is a changed company that is heavily regulated by the U.S. Food and Drug Administration.

The jury found that Jordan was a member of the Engle class and that Philip Morris’ concealment or omission of material fact about the health effects or addictive nature of smoking cigarettes, or both, was a legal cause of Jordan’s injuries. The jury found Philip Morris 60 percent liable, Jordan 40 percent liable and awarded Jordan compensatory damages of $7,795,000. The jury also awarded punitive damages against the company of $3,205,000. Hence, Jordan’s total award was $11 million.

Elaine Jordan: $2,019,000 Personal Injury: Past Medical Cost; $500,000 Personal Injury: Future Medical Cost; $3,205,000 Personal Injury: Punitive Exemplary Damages; $400,000 Personal Injury: Past Lost Earnings Capability; $76,000 Personal Injury: Past Loss Of Services; $2,400,000 Personal Injury: Past Pain And Suffering; $2,400,000 Personal Injury: Future Pain And Suffering

Judge:

Virginia Norton

Trial Length:

3
 weeks

Trial Deliberations:

8
 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.