Jose Santana (PR of the Estate of Tomasa Santana) vs Philip Morris USA Inc. et al

In the Tobacco Lawsuit, on June 27, 2024, the jury verdict effectively absolved Philip Morris USA Inc. of liability for Santana’s laryngeal cancer, finding in favor of the defendant.

Case Background

Plaintiff Jose Santana, as Personal Representative of the Estate of Tomasa Santana, initiated the Tobacco lawsuit, which encompassed claims of product liability, on December 26, 2019, in the Florida State Circuit Court of Miami-Dade County (Case number: 2019-037329-CA-01 ). Judge Antonio Arzola presided over the case.

Cause

Tomasa Santana began smoking Virginia Slims cigarettes in 1972 at age 16 after moving from Cuba to Los Angeles. Starting around 1975, she began smoking 1-1.5 packs per day from 1972 to 1985. Her consumption increased to 2 packs per day from 1985 to 2015. Santana found herself heavily influenced by cigarette advertisements on popular TV shows like I Love Lucy and The Beverly Hillbillies, as well as in magazines. These ads portrayed smoking as glamorous, safe, and especially appealing to women during the Women’s Liberation Movement of the 1970s.

Santana believed filtered cigarettes were safer based on industry marketing that featured people in white coats appearing to be medical professionals. She was particularly swayed by Virginia Slims ads claiming their cigarettes were “slimmer” and designed for women who were “biologically” different from men, interpreting this to mean they were a healthier option. Unbeknownst to Santana, major tobacco companies had conspired since the 1950s to conceal the dangers of smoking and the addictive nature of nicotine. They created organizations like the Tobacco Industry Research Committee (later Council for Tobacco Research) and the Tobacco Institute to spread misinformation and create doubt about smoking’s health risks.

The tobacco companies utilized law firms like Shook, Hardy & Bacon and Covington & Burling to control scientific research, manipulate public messaging, and shield damaging information behind attorney-client privilege. These lawyers played a central role in designing and executing strategies to perpetuate the “open question” position on smoking and health, despite internal knowledge of its hazards. Santana relied on the industry’s false and misleading statements in continuing to smoke for decades, unaware of the true addictive nature of nicotine and the severe health risks she faced.

Injuries

As a direct result of smoking Virginia Slims cigarettes manufactured by Philip Morris, Santana developed multiple severe smoking-related diseases. Between 2014-2015, doctors diagnosed her with chronic obstructive pulmonary disease (COPD), laryngeal cancer, nasopharyngeal cancer, brain cancer, and oral cavity cancer. These conditions caused Santana to suffer significant pain, breathing difficulties, and other debilitating symptoms. The compounded effects of these smoking-induced diseases ultimately caused her death on January 28, 2018, in Miami-Dade County, Florida. She was 62 years old at the time.

Damages

The Estate and statutory survivors sought to recover all damages allowed under Florida Statute §768.16 et seq. These damages included mental pain and suffering, loss of support and services, loss of parental companionship, instruction, and guidance, loss of net accumulations, medical expenses, and funeral and burial costs. They also demanded legally recoverable interest and any other relief to which the Plaintiff was entitled. The Plaintiff also sought recoverable costs of the action, legally recoverable interest, and any other relief to which the Personal Representatives were legally or equitably entitled. Through these comprehensive damage claims, the Plaintiff aimed to secure full compensation for the losses suffered by the Decedent and her survivors due to the Defendants’ alleged wrongful conduct.

Key Arguments and Proceedings

Legal representation

 

Key Arguments or Remarks by Counsel

During the trial, both sides presented compelling arguments to the jury. Jose Santana’s attorney, Richard Diaz of Richard J. Diaz, P.A., reviewed evidence and said, “We only need to prove one [is a design defect]: high nicotine, inhalability, or combustibility. Any one of those, or the combination, plus addiction, is what gives you the sustained nicotine use and the toxicant exposure.”

On the other hand, Shook Hardy & Bacon’s Lindsey Heinz, representing Philip Morris, countered that “All cigarettes, including Virginia Slims, were exactly as dangerous as people knew and expected them to be.”

Claims

The complaint alleged multiple claims against cigarette manufacturers Philip Morris, R.J. Reynolds, Lorillard, Brown & Williamson, Liggett Group, and retailer Publix Super Markets:

  1. Wrongful death: The defendants’ actions in manufacturing, marketing, and selling cigarettes caused Tomasa Santana’s death.
  2. Strict liability: The cigarettes were defective and unreasonably dangerous when used as intended.
  3. Negligence: The defendants failed to use reasonable care in designing, manufacturing, and marketing their products.
  4. Fraudulent concealment: The tobacco companies intentionally concealed the addictive nature of nicotine and health hazards of smoking.
  5. Conspiracy: The defendants engaged in a decades-long conspiracy to hide the dangers of smoking from the public.
  6. Failure to warn: The warnings on cigarette packages were inadequate to properly inform consumers of the risks.
  7. Breach of express and implied warranties: The cigarettes did not conform to the defendants’ representations about their safety and quality.
The complaint asserted that the tobacco companies used deceptive marketing practices. It also claimed they manipulated nicotine levels to create and sustain addiction. Furthermore, it alleged they actively worked to undermine public health efforts to reduce smoking. It alleged their coordinated campaign of misinformation, carried out through industry organizations and law firms, directly led to Tomasa Santana’s addiction, diseases, and premature death.

Defense

The defendants argued that the plaintiff’s response failed to render the allegations in the complaint legally sufficient. They cited a recent Third District opinion (Philip Morris USA Inc. v. Principe) that applied Florida’s 12-year statute of repose to dismiss similar fraud and conspiracy allegations. Based on this precedent, they asserted that the plaintiff’s fraud and conspiracy claims were barred by the statute of repose.

The defendants contended that the plaintiff did not allege any specific fraudulent conduct within the repose period. They argued that this lack of specificity meant the claims could not be sustained. Additionally, they asserted that simply manufacturing and selling filtered/light cigarettes during the repose period did not constitute fraud. They emphasized that they had previously disclaimed any misrepresentations about the health risks of such products.

Additionally, the defendants claimed the plaintiff failed to plead the fraud claims with the required particularity. They stated the plaintiff did not identify specific misrepresentations that the deceased was allegedly exposed to and relied upon. The defendants also argued they had no duty to disclose information to ordinary consumers like the deceased.

Regarding the product liability claims, the defendants asserted that Florida is a fact-pleading jurisdiction, and the plaintiff failed to allege sufficient facts to support the claims. They contended the plaintiff did not adequately allege how the cigarettes were dangerous beyond an ordinary consumer’s expectations or how they were defective beyond the inherent risks of all cigarettes.

Expert Testimony

The plaintiff and defendant Philip Morris USA each disclosed expert witnesses to testify in various areas related to the case. The plaintiff’s experts were prepared to address nicotine addiction, tobacco industry history, public health information, and medical causation of Ms. Santana’s cancers. Philip Morris USA’s experts were to testify on a range of topics including pulmonary diseases, pathology, head and neck cancers, smoking behavior, public awareness of smoking risks, cigarette design and regulation, and the company’s business practices.

Jury Verdict

The jury returned a verdict in favor of the defendant, Philip Morris USA Inc., in the Tobacco lawsuit  concerning Tomasa Santana’s laryngeal cancer. They determined that Tomasa Santana did not know, nor should she have known in the exercise of reasonable care, on or before December 25, 2015, that there was a reasonable possibility her laryngeal cancer, diagnosed on July 15, 2015, was caused by cigarette smoking. Additionally, they also found that the Virginia Slims cigarettes manufactured by Philip Morris USA Inc. and smoked by Tomasa Santana were not defective by reason of their design, and consequently, that there was no defective design that was a legal cause of Santana’s laryngeal cancer.

Court Documents:

Available Upon Request

News Article:

https://blog.cvn.com/philip-morris-prevails-in-florida-design-defect-claim-over-virginia-slims-smokers-throat-cancer