A woman whose husband died of lung cancer from asbestos is seeking $27 million from R.J. Reynolds, Philip Morris and Hampden Automotive Corp.
Attorneys for plaintiff Joanna S. say that the cigarette companies purposefully and knowing sold dangerous and addictive products, and that the automotive company knowingly sold brakes that contained the carcinogen asbestos.
Joanna’s late husband Louis died a few months after filing this lawsuit. He videotaped his own deposition before he died at age 73 in 2015.
Louis said he started smoking cigarettes as a teenager in the 1950s. He said that at first, he didn’t like the taste. But when he discovered cigarettes that contained menthol, he realized the smoking experience was more tolerable.
Brown & Williamson, which merged with R.J. Reynolds, made Kool cigarettes with menthol. Over the years, Louis also smoked Marlboro Menthols by Philip Morris.
Joanna’s lawyers say Louis suffered excruciating pain as he battled lung cancer. They seek $10 million to compensate for the pain and $12 million for the dozen more years Louis should have lived without developing lung cancer from asbestos and cigarettes. An additional $5 million is sought to compensate Joanna for the loss of her husband’s companionship.
Lung Cancer from Asbestos and Smoking
During the trial, attorneys for the tobacco companies said that Louis had not been addicted to smoking cigarettes because he had quit on two separate occasions and permanently stopped smoking in 2009 upon a doctor’s advice. The tobacco companies insisted that Louis could have quit smoking whenever he wanted to and avoided the cancer.
Joanna’s attorney argued that addictive substances are not easy to quit and that years of scientific research proves this
According to the American Cancer Society, smoking is responsible for 80 percent of lung cancer deaths in the U.S. Smoking inflicts damage on the airways and the small air sacs inside the lungs, impairing lung function more and more each time the person smokes.
Every year, more than 480,000 Americans die from tobacco-related illnesses, which is equivalent to one out of every five deaths.
Asbestos exposure can compound the risk of lung cancer that smokers already face. The American Cancer Society says, “In workers exposed to asbestos who also smoke, the lung cancer risk is even greater than adding the risks from these exposures separately.”
Louis worked as an auto mechanic for about 25 years. As part of his daily work, he allegedly removed and installed asbestos-containing brake linings made by Hampden Automotive Corp.
Brake linings often have to be prepped before installation and the grinding of the material causes tiny fibers of asbestos to enter the air. These fibers are inhaled and become embedded deep inside lung tissue where they induce inflammation and changes in cellular structure.
Asbestos is a known carcinogen, but the cancer may not be seen until 15 to 50 years after initial exposure. The more asbestos a person is exposed to, the greater the risk of developing lung cancer from asbestos.
Joanna alleges that lung cancer from asbestos and smoking severely shortened Louis’s life and caused him great suffering during his final years.
The Lung Cancer from Asbestos Lawsuit is Case No. 1581-cv-05255, in the Middlesex County Superior Court of Massachusetts.
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