141st APHA Annual Meeting

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277237
Engle progeny litigation in Florida: 2009-2013

Tuesday, November 5, 2013

Edward L. Sweda, JD , Public Health Advocacy Institute, Boston, MA
From February 2009 through December 2012, there have been 72 Engle Progeny trials that have reached a verdict. 49 of those verdicts (or more than 68%) have been for the smokers and their families rather than for the tobacco company defendants. I will provide background on the original Engle class action lawsuit, which was filed in 1994, and underscore the importance of the Florida Supreme Court's 2006 ruling, which allowed those who had been part of the class of plaintiffs to proceed with their own individual cases. I will highlight some of the largest multi-million dollar plaintiff verdicts, as well as some critical appellate rulings following those trials. Similarly, I will discuss issues that have yet to be decided on appeal and the fears of Reynolds American attorneys who foresee the possibility of "massive liability... with no end in sight" for their client. Realizing that non-lawyers will constitute a large portion of the intended audience, I will provide a powerpoint presentation, followed by a question-and-answer session.

Learning Areas:
Public health or related public policy

Learning Objectives:
Identify trends in jurors' reaction to learning the details about tobacco industry misconduct. Analyze the tobacco companies "blame-the-victim" approach to litigation and compare it with the companies' public relations claims.

Keywords: Tobacco Litigation, Tobacco Industry

Presenting author's disclosure statement:

Qualified on the content I am responsible for because: Active in tobacco control since 1979 and a lawyer since 1980, I have focused on legal issues, including both legislation and litigation, in my advocacy for stronger tobacco control measures. For decades, I have publicly provided analysis on tobacco litigation to reporters and to colleagues at conferences. Since 1979, I have worked at the state and local level in Massachusetts for the adoption and enforcement of comprehensive tobacco control policies.
Any relevant financial relationships? No

I agree to comply with the American Public Health Association Conflict of Interest and Commercial Support Guidelines, and to disclose to the participants any off-label or experimental uses of a commercial product or service discussed in my presentation.