Is It Possible to Sue a Tobacco Company

dazedandconfuzed · #1 10-11-2009, 11:23 AM

My question involves injury or loss that occurred in the state of: Missouri

Hello, and first off thank you for your help in advance.

My dad passed away August 14th 2009 of small cell lung cancer. He collapsed one day with no previous warning and then died 21 days later. The doctors indicated it was highly probable that my fathers lung cancer death was due to smoking.

My dad died at the age of 63 and had been smoking since he was about 18 years old. He always smoked the same brand of cigarretes and even had a collection of items he got from sending them saved proofs of purchase.

My question is, being my dads only son, is it possible for me to sue this particular tobacco manufacturer on my dads behalf?

If so, would it be possible that an attorney could do this for a fair portion of the winnings stemming from the suit?

I feel like my dad was victimized because when he started smoking there was very little information or documentation to deter him. Additionally, it seems that the manufacturer went to great lengths to promote my dads addiction even to the point of offering him free merchandise for saving and sending in proof of his tobacco purchases.

cyjeff · #2 10-11-2009, 11:36 AM

There is no chance in hell.

dazedandconfuzed · #3 10-11-2009, 11:45 AM

Quoting cyjeff

There is no chance in hell.

LOL thank you for your frank answer.

I only been here a few hours and I already love this place.

BOR · #4 10-11-2009, 11:56 AM

Dazed, it would take the evaluation of a products liability attorney. The door is not completely shut, but it will be a paramount task.

The state's were able to sue big tobacco and were successful. Theory being, in part, misrepresentation and fraud.

The states were paying out billions a year in Medicaid for tobacco related illnesses and the Cig companies were making record profits.

My state, I think, got 10 billion over 25 years.

cyjeff · #5 10-11-2009, 12:31 PM

Quoting BOR

Dazed, it would take the evaluation of a products liability attorney. The door is not completely shut, but it will be a paramount task.

The state's were able to sue big tobacco and were successful. Theory being, in part, misrepresentation and fraud.

The states were paying out billions a year in Medicaid for tobacco related illnesses and the Cig companies were making record profits.

My state, I think, got 10 billion over 25 years.

Which is why there is no chance.... the states have already been paid for the liability.

johnpeter · #6 10-20-2009, 03:01 AM

HI,
YA ITS possible..
To avoid the onslaught of lawsuits, the tobacco industry sought a national settlement with the states, in return for future protection from lawsuits. In June 1997 the country's largest tobacco companies and forty states that had filed suit against the tobacco industry agreed on a settlement. According to the proposed agreement, tobacco companies would pay the states $368.5 billion over twenty-five years to reimburse them for their tobacco-related medical costs and to pay for tobacco-control programs to reduce tobacco use among teenagers.

cyjeff · #7 10-20-2009, 08:28 AM

Quoting johnpeter

HI,
YA ITS possible..
To avoid the onslaught of lawsuits, the tobacco industry sought a national settlement with the states, in return for future protection from lawsuits.

Which is why there is no chance in hell. The states basically took the money as benefactors of the injured parties.

The tobacco companies have already paid... or are paying.