R.J. Reynolds Ordered to Pay in N.Y. Sick Smoker's Case June 24, 2002
News Summary
R.J. Reynolds was ordered to pay $15 million in punitive damages in the case of a New York smoker whose legs were amputated as a result of a smoking-related disease, Reuters reported June 21.In determining punitive damages, U.S. District Court Judge John Lungstrum called the cigarette maker's concealment of the addictiveness of tobacco "particularly nefarious."
In February, a jury had awarded David Burton $200,000 in compensatory damages, with the court authorized to impose punitive damages.
"The sheer magnitude of R.J. Reynolds' wealth made it imperative that the award be high enough to have at least some impact in order to carry out the statutory purposes of punishment and deterrence," Lungstrum wrote.
R.J. Reynolds said the punitive award was "excessive and unwarranted" and plans to continue its appeal of Burton's verdict.
In analyzing the judge's ruling, Edward Sweda, a senior attorney with the Tobacco Products Liability Project at Northeastern University, said, "It is extremely forceful language, but entirely proportionate to the enormity of the harm that came forth in this trial."
According to Sweda, the case marks the first time a judge has set the punitive damage award in a tobacco case. He expects the award to hold up against any appellate review.
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