Products Liability Law Reporter

Greene v. Philip Morris USA, No. 15-1808 (Mass. Super. Ct Middlesex Cnty. Sept. 26, 2019).

Patricia Walsh Greene began smoking in 1971 at age 13. She continued smoking Marlboro cigarettes in part because she obtained them through free giveaway events in downtown Boston. Greene’s habit continued until she was 30 years old. In 2013, she was diagnosed as having non-small cell lung cancer, which necessitated a lobectomy, radiation, and chemotherapy. The treatment was difficult for her, and she suffered permanent kidney damage from the radiation and chemotherapy. Her past medical expenses were $880,000.

Greene and her husband sued Philip Morris USA, alleging, among other things, that the defendant acted in concert with other tobacco manufacturers to conceal or omit information regarding the health consequences of cigarettes and their addictiveness. The plaintiffs claimed that the defendant disseminated misleading information about the dangers of smoking, including funding research studies that avoided the issues of cancer and addiction, creating the Tobacco Institute to communicate with media, and suppressing research studies showing that smoking was both harmful and addictive.

The jury awarded approximately $9.7 million, including $500,000 to Greene’s husband.

Plaintiff counsel: Andrew Rainer, Neil Leifer, Michael Weisman, and Meredith Lever, all of Boston.