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For years, smokers and their families have been filing lawsuits against tobacco companies for producing addictive products and concealing such hazards from the public. Generally, tobacco lawsuits fall under product liability claims. As of now, there is no class for cigarette lawsuits, but if an individual plaintiff can prove that they have suffered nicotine addiction, which has led to a smoking-related illness or disease, he or she may be able to file a lawsuit against the responsible tobacco company.
Has your loved one developed an illness due to a nicotine addiction after using cigarettes? If so, we urge you to call our Florida tobacco litigation lawyers at Freidin Brown, P.A. today. If we don’t recover compensation for you, you don’t pay a penny.
Common Smoking-Related Illnesses and Diseases
According to the American Lung Association, smoking cigarettes can lead an individual to develop and suffer from a wide range of illnesses and diseases, including:
- Lung cancer
- Chronic obstructive pulmonary disease
- Heart disease
- Stroke
- Asthma
- Reproductive effects in women
- Premature / Low birth-weight babies
- Diabetes
- Blindness, cataracts, and age-related macular degeneration
- Other types of cancer (Colon, Cervix, Liver, Stomach and Pancreatic Cancer)
Common Reasons for Recent Tobacco-Related Lawsuits
Drugwatch.com reports that while many of the first tobacco lawsuits, which emerged around the late 1950s, were unsuccessful, many lawsuits that have emerged since 1994 have found much success. Now, many lawsuits are filed against tobacco companies for the following reasons:
- Fraudulent marketing
- Marketing to underage persons
- Conspiring to conceal the health effects of smoking cigarettes
The Engle Tobacco Case
In 1994, a class action lawsuit was filed against tobacco companies after the represented class, made up of Florida citizens, suffered from various smoking-related illnesses. The jury returned a verdict for the smokers, which included $145 billion in punitive damages. After tobacco companies appealed this original verdict, the case was taken to the Florida Supreme Court. The Court ruled to allow members of the original class to file cases individually, permitting issues already decided in the class action suit to hold true for the separate lawsuits. This included findings that tobacco products are addictive, dangerous, defective, and the cause of various diseases. Additionally, tobacco companies were held liable for fraud, conspiracy, and negligence. The results of Engle Tobacco Case may lead to continued successful lawsuits against tobacco companies.
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Proven Track Record Against Big Tobacco
At Freidin Brown, P.A., we have experience handling tobacco-related cases. For this reason, we are equipped with the knowledge and skills it takes to obtain successful results for you. When you entrust your case to our team, we will examine every detail associated with your condition, and the various legal strategies that can help you pursue monetary compensation in the shortest amount of time possible.
When we take your case, you become part of the Freidin Brown, P.A. family. Our success is built on representing our clients like we would represent our own—with dedication, persistence, and compassion.
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No Recovery, No Fee
At Freidin Brown, P.A., our interests are aligned with yours: we want to achieve the maximum recovery on each case. All our legal fees are earned on a contingency basis, meaning that we only get paid if we obtain a recovery for you. This means you won’t be stuck with invoices for each hour we spend representing you.
We only get paid if you get paid. Costs and expenses of representing you are treated similarly—you don’t owe us unless we win, in which case the costs will be deducted from your recovery. We are available 24/7 to give you a free, no risk case consultation.
What would eventually become Freidin Brown, P.A. was founded in 1974 by Philip Freidin, a 28-year-old lawyer who took a risk opening his own firm just a few years after graduating law school. Since then, Phil has devoted his entire life representing clients who have been seriously injured by the wrongful acts of others. Phil has represented plaintiffs in some of the most significant personal injury and medical malpractice cases in Florida’s history, and his stature in the community has been recognized by governors, senators, supreme court justices, and—perhaps most importantly—his fellow trial lawyers.
Notable Cases
Won a jury trial on behalf of Phil J. Marotta, as Personal Representative of the Estate of Phil Felice Marotta. This case was appealed to the Florida Supreme Court, where the plaintiff prevailed.
$1.1 million verdict for a customs worker who suffered brain injury due to carbon monoxide poisoning from a faulty air conditioning system at Miami International Airport. Through tireless investigation, we obtained evidence that revealed that the airport had carelessly located the fresh air conditioning intake units in the lower drive pickup area, which was a ready source of carbon monoxide.
Won a jury trial on behalf of Carmenza Merino, who smoked more than a pack of cigarettes a day for 32 years. In 1996, the plaintiff was diagnosed with oral cancer. The jury’s verdict included $8 million in compensatory damages and $6.5 million in punitive damages.
Wrongful death of a child, $1.875 million settlement for wrongful death of a child as a result of negligently inserting a feeding tube.
Health Problems Caused by Use of Tobacco Products
Inhaling cigarette smoke has been determined to be the no. 1 risk factor for developing lung cancer. The toxic carcinogens inhaled by smokers are believed to damage healthy cells leading them to become cancerous.
Laryngeal cancer is a rare form of the disease affecting the cells of the larynx. Cigarette smoking has been attributed to a higher risk for developing this form of throat cancer.
Tobacco use is a major risk factor for developing esophagus cancer. Smoking a pack a day or more doubles the risk of the user to contract the disease over nonsmokers.
Several other cancers are associated with tobacco use. According to the American Cancer Society tobacco use can be attributed to cancers of the oral cavity and mouth, liver, colon, stomach, pancreatic, bladder, cervix, and is known to cause acute myeloid leukemia.
The adverse complications attributed to smoking tobacco can also include heart attacks, stroke, pregnancy risks, emphysema and other very serious health problems.
A Tobacco Lawyer? Call today and we'll discuss your case and see if we can help
Frequently Asked Questions
The following are the most common questions and answers asked about Tobacco litigation.
Your team never gave up on me. I can’t say enough about the lawyers at this law firm. They have gone above and beyond on my case, and I can’t thank them enough. Your team never gave up on me, it took 6 years and you stayed on top of it. I appreciate all the time you spent on it and will tell everyone I know about your firm, thank you for not giving up on me.
Client
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Excellent, compassionate legal counsel My family was very happy to have Phil Freidin represent us in a suit against a local hospital. Phil was diligent in obtaining a positive result for us, while always genuinely being concerned for us and being compassionate.
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When you are fighting Giants, you need a David!! Lawyer Joel Brown was recommended at a time when our family was confused & in a situation that we needed professional guidance that we could trust & feel confident that we were doing the right thing. My father was a victim of hospital negligence and when you are dealing with a major entity (a giant) you need to retain the best person to intercede on your behalf & a person who knows the system like an expert. We knew without a shadow of a doubt that we had chosen the best person to represent us. He guided us throughout the process, called himself to see how my father was feeling physically & emotionally. His staff is professional and caring. We will be forever thankful.
Client
Fighting for Those Who Speak Up