Massachusetts Tobacco Lawsuit Attorneys
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Massachusetts Legal System & Big Tobacco
The devastating damage caused by cigarette smoking and the misleading tactics used by tobacco companies, including the namesakes of “Big Tobacco,” Philip Morris and RJ Reynolds, is becoming increasingly exposed in Massachusetts courtrooms. The response by Massachusetts juries has been one of intolerance, with juries awarding significant verdicts with punitive damages to send the message that Bay Staters will not tolerate these business practices.
For years, Big Tobacco companies deliberately designed cigarettes to create nicotine addiction and dependence. They engaged in deceptive advertising, targeted kids, and distributed cigarettes on street corners. In addition, these tobacco giants conspired to lie and mislead the public about the health effects of smoking.
Sadly, Big Tobacco’s strategy worked. Addicted smokers relied on claims that “It is just not proven that cigarettes cause cancer” and continued to buy and smoke tobacco. Cigarette manufacturers put profits over people and deceived the American public to ensure their bottom line. Their approach was effective, leading to outrageous profits for Big Tobacco, along with death and life-altering diseases for Massachusetts residents.
The Massachusetts legal system along with Massachusetts tobacco lawyers provide victims of these dangerous products and Big Tobacco’s conspiracy with an avenue for redress.
This redress extends beyond compensation and demands accountability from the cigarette companies that put profits ahead of public health. By holding these corporations accountable, the litigants and the juries that hear their stories can send the message that deceptive practices and conspiracies, that jeopardize public health are impermissible.
For those impacted, the legal system presents a chance for compensation and, potentially, closure.
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What Kind of Compensation Can Victims Seek in a Tobacco Case?
The legal system, acknowledging the damage tobacco products can cause to individuals and their families, provides a mechanism for victims to seek compensation.
Types of compensation available include:
- Medical Expenses
- Pain and Suffering
- Lost Wages and Earning Capacity
- Punitive Damages
- Loss of Consortium
- Funeral Expenses
It’s important for victims and their families to know their rights and understand that the law can provide these remedies.
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Common Health Issues Linked to Smoking
Tobacco is among the most harmful substances regularly consumed by humans. Its use, especially through cigarette smoking, leads to a multitude of health issues and increases the risk of severe diseases. According to the Centers for Disease Control and Prevention (CDC), tobacco use is responsible for about 480,000 deaths each year in the United States.
Cancers and Illnesses: The dangerous consequences of tobacco consumption manifest in a variety of severe health conditions. Here are some of the most common illnesses associated with tobacco use:
- Lung Cancer: The most prevalent cancer among smokers.
- Throat Cancer: Affects the voice box and vocal cords.
- Mouth Cancer: Involves the lips, tongue, or inside lining of the cheeks.
- Esophageal Cancer: Impacts the tube connecting the throat and stomach.
- Pancreatic Cancer: Affects the organ responsible for insulin production.
- Bladder Cancer: Related to the organ that stores urine.
- Kidney Cancer: Impacts the organs that filter blood and produce urine.
- Chronic Obstructive Pulmonary Disease (COPD): A chronic inflammatory lung disease.
- Emphysema: Damages the air sacs in the lungs.
- Cardiovascular Diseases: Affect the heart and blood vessels.
- Stroke: Occurs when blood flow to a part of the brain is interrupted.
The harmful effects of tobacco reach beyond the individual consumer. Families that watched as their loved ones suffer or passed away from tobacco-related diseases also have the right to seek justice.
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Frequently Asked Questions
Who Can File a Tobacco Product Liability Lawsuit?
Any individual who has developed health issues due to the consumption of tobacco products is eligible to file a lawsuit, so long as the claim is filed within the applicable statute of limitations. As noted above, conditions directly linked to smoking, include lung cancer, throat cancer, emphysema, and Chronic Obstructive Pulmonary Disease, among others. In instances where a smoker succumbs to a smoking-related illness, their immediate family members can file a lawsuit on their behalf.
Can You Sue Despite Choosing to Smoke?
Yes, individuals who chose to smoke may still be able to sue tobacco companies for causing illness or death. Lawsuits may allege that Big Tobacco failed to warn about the risks, manipulated nicotine levels and cigarette design to increased addiction, or marketed products unethically. Tobacco lawyers will argue that the tobacco industry’s deceptive advertising influenced the decision to starting smoking, taking into account an individual’s age and the way they began smoking.
Additionally, the ongoing marketing by cigarette companies has played a critical role in maintaining smoking habits by creating doubt about the health risks of cigarettes. Often times, an individual’s decision to smoke their first cigarette is not an accident but the result of systemic and unethical marketing efforts, and the continued smoking is driven by the need for nicotine.
Do Warnings on Cigarette Packages Protect Tobacco Companies?
The warnings on cigarette packages do sometimes inform consumers about some risks associated with smoking. However, these warnings do not grant full immunity to tobacco companies. There is evidence in the company’s own data showing that these warnings, do not work.
Can You Sue Tobacco Companies For Cancer Related Claims ?
To this day, tobacco companies can still be held accountable for the illnesses caused by their products. A significant amount of evidence has been amassed, which shows the tobacco industry’s negligence and intentional bad acts, and also highlights the harmful consequences of their products. Victims and their families have legal rights to seek compensation for the harm, suffering, and losses caused by tobacco-related diseases like lung cancer.
Can a Relative Pursue Legal Action for a Deceased Family Member?
Yes, depending on when a relative dies from a smoking-related illness, their surviving family members, typically immediate family like spouses, children, or parents, may be eligible to file a wrongful death lawsuit against tobacco companies. This allows the family to seek compensation for damages such as lost financial support, funeral expenses, and the pain and suffering experienced by the deceased prior to their death. It also allows the family to seek punitive damages on behalf of their lost loved one. It’s essential to consult with an experienced attorney to understand the specifics of each case and the potential for pursuing legal action.
What Is Necessary for a Tobacco Lawsuit?
Initiating a lawsuit requires a meticulous approach and an experienced trial lawyer. To succeed, a tobacco lawsuit must prove liability, establish a direct link between a tobacco product and any illness, and demonstrate deceptive acts, a conspiracy, or negligence on the part of the tobacco company. Medical records, expert testimonies, and historical data on tobacco usage are instrumental in strengthening the case and establishing a solid foundation for the legal arguments to be presented.
What is the Tobacco Master Settlement Agreement?
The Master Settlement Agreement (MSA), reached in 1998, was a historic accord that significantly impacted the tobacco industry’s operations and accountability. Under the MSA, major tobacco companies were obliged to compensate U.S. states, as well as several territories, with substantial payments. These funds were primarily directed towards covering public health expenses associated with tobacco-related illnesses and funding tobacco prevention and cessation programs.
An essential component of the MSA focused on introducing robust restrictions on tobacco advertising and marketing, aimed at reducing tobacco use, especially among the youth. The agreement sought to prevent deceptive marketing practices and ensure that the tobacco industry became more accountable and transparent in their dealings.
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SL’s Contingency Fee Commitment in Tobacco Cases
SL’s Tobacco Litigation Team operates on a contingency fee basis. This means that clients do not pay any upfront fees or hourly rates. SL takes a percentage of the client’s recovery if, and only if, there is a recovery.
The benefits of a contingency fee structure at Shaw Lewenz include:
- No Upfront Costs: Clients don’t have to worry about paying out of pocket for legal representation.
- Aligned Interests: The firm’s success is directly tied to the client’s. If the client doesn’t win, Shaw Lewenz doesn’t get paid.
- Reduced Financial Risk: Clients won’t be burdened with legal bills during the course of their lawsuit.
- Expert Representation: Clients have a dedicated team of experts from Shaw Lewenz fighting for their rights against big tobacco companies.
What Shaw Lewenz Clients Have to Say
Merle Mendoza Read More
I had a great experience working with Michael, Monserrat and Hailey they are very Attentive and keep you updated , I Will recommend this firm to anyone that wants to work with a well trusted attorney ????
Jim Baker Read More
I’ve worked with them personally and they work hard to get the best results for their clients. I had a very positive experience working with them. Great communication.
Christina Small Read More
I’ve had an amazing experience working with Steffani. She is very professional, and transparent, and follows up with you on the progress of your case. I will definitely recommend.
Shawn Campbell Read More
When I tell you they are the best I really mean it! From Supriya and her co workers and honestly Monserrat needs to be up there with the goats! She works efficiently affectively and she cares about her clients if I can give her a 10 star review I would! Thank you guys for all your hard work and I definitely recommend!
VbN Thomas Read More
Professional, ClientService oriented, People Friendly. Lawyers and Legal team with long years of experience and expertise! You can consult with assurance of 100% Satisfaction, AssistanceHelp provided based on the assistance required. Do contact for all kinds of legal requirements!!
Manuca M Read More
This is one of the best place to get an attorney in south Florida. I was 17 when I met Michael Lewenz. And due to the fact I had anxiety I was really nervous. But yet this man was able for me to feel comfortable with the meetings I was attending too.He made sure he kept me updated with everything at all time and made sure I understood everything that was going on. Which is why I recommend Michael Lewenz to be anyone attorney.
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Compensation Is Available for Victims in Massachusetts
Massachusetts Tobacco Litigation Attorney
Edward H. Zebersky, Esq.
Edward H. Zebersky, is a partner at Shaw Lewenz. and a nationally recognized tobacco trial attorney.
Ed has obtained verdicts and settlements exceeding $400 million, including one against Big Tobacco for $42.5 Million.
A champion of consumer protection, Ed’s advocacy extends beyond the courtroom through his consumer centric legislative work, pro bono activities, and leadership positions in state and national Justice Associations.
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SL Case Results
$100 Million Verdict in Aviation Lawsuit$42.5 Million Verdict against Big Tobacco’s RJ Reynolds and Phillip Morris$40 Million Settlement after Verdict in Health Insurance Class Action$39 Million Class Action Settlement in Property Insurance Class Action$22.5 Million Class Action Settlement: PHLD v. Arch Specialty Insurance Company$18 Million Judgment for a Quadriplegic Injured From a Gun Wound$17.5 Million Verdict Against Tobacco Companies$13 Million Class Action Settlement Based On Auto Insurer’s Wrongful Conduct$6 Million Settlement for Pedestrian Hit by a Car$5 Million Dollar Jury Verdict$2 Million Settlement for Person Injured on People Mover$1.95 Million Confidential Settlement$1.85 Million Settlement for Brain-Injured Motorcycle Crash Victim$1 Million Award on behalf of Pedestrian$500,000 Rear-End Collision SettlementConfidential Settlement for a Wrongful Death Caused By Car Collision—Bad Faith SettlementConfidential Wrongful Death Settlement for Minor, Killed in a Car CrashConfidential Settlement for a DUI Manslaughter/Wrongful Death Case Against a Racecar Driver
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Awards & Recognitions
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Lawsuits are being filed against big tobacco companies for health issues like cancer and COPD due to prolonged cigarette smoking.
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If you or someone close to you has been afflicted with cancer, COPD, or another severe illness due to smoking, and you believe tobacco companies did not provide sufficient warning of the risks, you might qualify for financial compensation. Tobacco companies are facing lawsuits for damages caused by their products, and legal pathways exist for those impacted to claim compensation for medical expenses, pain and suffering, and additional losses associated with tobacco use.