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