Smoker is awarded $3 bn by US court

Lawyers for the US tobacco industry yesterday expressed confidence that a record-breaking award of $3 billion against tobacco producer Philip Morris would be overturned on appeal.

Mr Richard Boeken (56) was awarded $3 billion in punitive damages and $5.5 million in general damages, the largest judgment against a cigarette-maker in a lawsuit brought by an individual. The Superior Court jury in Los Angeles found on Wednesday against Philip Morris on all six claims of fraud, negligence and making a defective product.

Mr Boeken began smoking at the age of 13, before packets carried warnings, and is now gravely ill with cancer. During his 40 years of two-pack-a-day smoking, his brand was Philip Morris's Marlboro. He tried to quit smoking several times.

In evidence, Mr Boeken said he had broken with both heroin and alcohol dependency but had been defeated by cigarettes. In the autumn of 1999, he was diagnosed with lung cancer which has since spread to his lymph nodes, back and brain. Because of his illness the court expedited the claim.

Mr Boeken simply smiled and gave a thumbs-up sign as the verdict was read. The decision is the seventh defeat for the industry in the last 23 jury verdicts on individual cases. The value of Philip Morris shares plunged $3 before trading even opened on the stock market.

Only one of the successful plaintiffs has received any money - a 70-year-old who got $1.1 million from Brown & Williamson Tobacco Corp after a 1995 jury award. The company is appealing to the Supreme Court but was ordered to make the payment. Three others are being appealed, while the other two have been overturned.

The largest judgment against the tobacco industry in a class action lawsuit was for $145 billion, awarded last year to thousands of sick Florida smokers. Philip Morris was one of five tobacco companies in that case.

Lawyers for Philip Morris didn't deny that smoking caused Mr Boeken's illness but argued he ignored health warnings and chose to smoke despite the risk.

Marie O'Halloran reports:

Tobacco companies in Ireland have either declined to comment or were unavailable for comment yesterday on the US award.

The Government has already asked the Attorney General to assess the legal issues involved in initiating litigation against the tobacco industry here to recoup money spent treating tobacco-related illness.

A Department of Health spokeswoman said yesterday that it was not yet possible to say when this assessment would be completed given the complexity of the issues.

The Office for Tobacco Control said that Mr Boeken had started smoking at the age of 13. "This points firmly to the need to protect children against tobacco," said Ms Valerie Robinson, director of communications. The organisation was established to implement the Department of Health report Towards a Tobacco-Free Society.

"Children are open to the marketing and advertising of tobacco companies and unable to make critical judgments about such advertising."

Mr Peter McDonald, a Dublin-based solicitor who has instituted proceedings against tobacco companies for 206 smokers in Ireland, has described the award as very welcome news for the Government and for the smokers he represents.