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Miami, FL R.J. Reynolds and Philip Morris were hit with a $42.5 million total verdict in a retrial over the 1996 cancer death of a Florida smoker. Gloger v. R.J. Reynolds and Philip Morris, 2011-CA-23377.

The award includes $15 million in compensatories awarded Friday, as well as an $11 million punitive award imposed against Philip Morris and $16.5 million in punitives imposed against Reynolds Wednesday for the responsibility jurors found the companies bore for Irene Glogers lung cancer.

Gloger, who had smoked for decades, died at 47, about a year after she quit smoking. Her family contends a tobacco industry-wide conspiracy to hide the dangers of smoking throughout much of the 20th century hooked Gloger to cigarettes and ultimately led to her fatal cancer.

The verdictmore than doubles the $17.5 million jurors awarded in a 2018, CVN-covered trial of the case. That verdict was thrown out in March by Floridas Third District Court of Appeal, which found the trial court had not not properly limited Kenneth Glogers testimony concerning conversations he had with his wifes doctors.

The Gloger case is among thousands that stem from Engle v. Liggett Group Inc., a 1994 Florida state court class-action lawsuit against Philip Morris and other tobacco companies. The state's supreme court ultimately decertified the class, but ruled that so-called Engle progeny cases may be tried individually. Plaintiffs are entitled to the benefit of the jury's findings in the original verdict, including the determination that tobacco companies placed a dangerous, addictive product on the market and conspired to hide the dangers of smoking.

However, in order to be entitled to those findings, plaintiffs must prove the smokers at the heart of their cases suffered from nicotine addiction that caused a smoking-related illness.

The origin of Glogers cancer, as well as what, if any responsibility she bore for her smoking, served as key battle lines in the 12-day trial.

During Fridays closings in the trials first phase, on Engle class membership, King & Spaldings Cory Hohnbaum, representing Reynolds, challenged the claim that Gloger had smoking-related lung cancer, and argued that a mass was never found in Glogers lung. He also contended doctors could not agree on the cell-type of Glogers cancer.

There is confusion, massive confusion among the pathologists about what this was, Hohnbaum said, noting Gloger saw several pathologists during her treatment. You dont need to go talk to multiple pathologists if the pathology is clear. It was never clear.

Arnold & Porters Keri Arnold, representing Philip Morris, added that, regardless of the cancers origin, Gloger knew the dangers of cigarettes, yet chose to continue smoking. Arnold noted that Gloger had been smoking for years by the time she began smoking Philip Morris brand cigarettes. She was an adult, she was married, she had a family, she was a medical professional. She had all the maturity and information she needed to make her own decisions about her own smoking and her own health, Arnold said.

But the Gloger familys attorney, The Ratzan Law Groups Stuart Ratzan, argued Gloger was heavily addicted to cigarettes and unable to stop in time to avoid her cancer. Ratzan walked jurors through Glogers smoking history, which included numerous failed quit attempts. Theres no reason no reason at all for a person to coat their lungs every 30 or 40 minutes, a pack-and-a-half a day for 30 years, if its not for nicotine, Ratzan said. Its the only reason.

And Ratzan argued medical records and pathology reports showed Glogers treating physicians concluded she had lung cancer. He noted one pathology report, on fluid taken from around Glogers lungs, found she had non-small cell carcinoma. It means lung cancer, Ratzan said. And I defy anybody to determine otherwise.

Email Arlin Crisco at acrisco@cvn.com.

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Jury Hands Down $42.5M Total Verdict Against Philip Morris and RJR in Retrial Over Smoker's Cancer Death - CVN News

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