A Florida jury awarded a plaintiff $26.6 million for the death of Nathan Cohen (68) from lung cancer in 1994. The culprits who caused his death? The tobacco giants, naturally; in this case, R. J. Reynolds and Philips Morris. The jury also blamed Nathan Cohen, finding him 1/3 responsible for his own death.
I’m a big advocate of personal responsibility and freedom, so it was heartening to hear a jury acknowledge that someone can be 1/3 responsible for their own actions. That’s a big concession by juries. But look, the first lawsuit of this type was filed 56 years ago:
1954-06-07: LITIGATION: EVA COOPER files first tobacco lawsuit; sues R.J. REYNOLDS TOBACCO COMPANY for her husband’s death from lung cancer. He had smoked Camels.
Mrs. Cooper’s complaint alleged her husband, Joseph, who had died of lung cancer, “to his detriment relied on advertisements doctors considered its cigarettes healthful and that its cigarettes were harmless to the respiratory system.” She sought to recover damages for pain and suffering and death of her husband.
Back in 1954, I could see that maybe some people would have been confused about the health effects of smoking. But a decade later, that wasn’t at all true.
In 1964, the Surgeon General found that smoking was linked to lung cancer, and in 1965 Congress required the “Caution: Cigarette Smoking May Be Hazardous to Your Health” label on packs of cigarettes. By 1968, cigarette companies were required to put the “The Surgeon General Has Determined That Cigarette Smoking is Dangerous to Your Health.” label on their packages.
In 1971, cigarette ads were taken off of television and radio, and the following year all cigarette ads are required to carry health warnings. Anti-smoking ads such as “Johnny Smoke” and “Dynamite” appeared in the late 60′s and early 70′s.
Nathan Cohen started smoking in 1940 (illegally, at age 14) and never stopped. Even after being subjected to 3 decades of anti-smoking campaigns, he never stopped. He died 54 years after he started, meaning that he had an awfully good run as a smoker.
So I’d say that he deserved quite a bit more credit for his situation than the jury allotted him. Had he stopped at any point, I might be more sympathetic to his widow, but the fact is, if he were alive today, he would be happily puffing away. And nothing the tobacco companies or health officials could say would change that.
Many more of these lawsuits are percolating through the system. I’m wondering if the tobacco companies can survive it. I won’t miss them if they’re gone, but I don’t think that this sort of legal hammering is just or appropriate.