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R.J. Reynolds Cancer Damages Overview:
- Who: A bladder cancer survivor has been awarded $5 million in damages to be paid by tobacco giant R. J. Reynolds.
- Why: The tobacco company was accused of concealing the dangers of smoking and causing the man’s illness.
- Where: The decision was made by a Florida state jury.
A former cigarette smoker who survived bladder cancer has been awarded more than $5 million in damages to be paid by R.J. Reynolds after a Florida jury found the tobacco giant was 90% responsible for the man’s cancer.
In a jury verdict form filed in court Jan. 20, the jurors in state circuit court in Tampa ruled that bladder cancer survivor Joseph Rutkowski was due $5.015 million dollars in compensation from R.J. Reynolds after he became addicted to cigarettes and developed bladder cancer.
The jury ruled that the company’s “concealment and omission of material information about the health effects or addictive nature of smoking cigarettes” was a legal cause of Rutkowski’s bladder cancer.
The jurors delivered less than the $14 to $20 million Rutkowski had asked for in punitive damages but still found that the plaintiff was only 10% responsible for his illness.
Rutkowski’s case is one of thousands stemming from the landmark Engle class action against several tobacco companies.
Rutkowski was 56 when he was diagnosed with cancer and is now 83.
“This corporation has never been punished for what it did to Joseph Rutkowski,” his counsel said. “Punishment and accountability, history has shown, must be imposed on them.”
Landmark Engle Lawsuit Granted Class Members Right To Bring Individual Lawsuits Against Defendants
In 2006, the Florida Supreme Court decertified the Engle class action lawsuit and overturned the historic $145 billion verdict after determining that it was not feasible to determine causation and damages on a class-wide basis.
However, the Florida Supreme Court expressly granted Class Members the right to bring individual lawsuits against the Engle defendants for smoking-related injuries and punitive damages.
In 2014, R.J. Reynolds Tobacco Co. was hit with a $20 million verdict after a Florida jury determined the cigarette maker was responsible for the death of a lifelong smoker. Plaintiff Gwendolyn Odom filed the wrongful death lawsuit on behalf of her mother, Juanita Thurston.
What do you think of the damages awarded in this case? Let us know in the comments!
Rutkowski is represented by Gary Paige of Gordon & Partners and James W. Gustafson Jr. of Searcy Denney Scarola Barnhart & Shipley PA.
The R.J. Reynolds Bladder Cancer Lawsuit is Rutkowski v. R.J. Reynolds, Case No. 2007-CA-014667, in the 13th Judicial Circuit Court of the State of Florida.
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3 thoughts on83-Year-Old Cancer Survivor Wins $5M Damages From Tobacco Company R.J. Reynolds
My husband died at age 64 from bladder cancer. He was a smoker for 50 years.
both my parents died lung cancer my dad was 61 when died they both smoke
I HAVE BLADDER CANCER SINCE 1998 STAGE ONE ,I AM A SMOKER ALSO