The jury deliberated for three days in Putney v. R.J. Reynolds before returning a $20M+ damage award.

The jury awarded Margot Putney’s family members — Sharon, Glen, and Guy — $5M each in general damages (pain and suffering) as a result of Margot Putney’s death.

In addition, the jury found by clear and convincing evidence that punitive damages of $2.5M each were warranted against RJ Reynolds and against Phillip Morris, but not against Liggett Group.

The jury also awarded damages of approximately $86.5K for Margot Putney’s medical and funeral expenses. Fault was allocated 35% to Margot Putney, 30% to R.J. Reynolds, 15% to Phillip Morris, and 20% to Liggett.

CVN covered the Putney tobacco trial live. 

This morning, the Putney jury began its second day of deliberations.

In closing Phase 2 of the Putney tobacco litigation, Plaintiff attorney Charles Baumberger showed internal Phillip Morris documents evaluating the market potential of a “health cigarette,” suggesting that “the illusion of filtration is important as the fact of filtration.”

“There is no question that the conduct of the defendants was intentional…and the choices the defendants made to conceal, to avoid sharing the information they had, the intent to deceive the public with respect to their product was intentional, and it was gross, flagrant…This controversy was created by the tobacco industry, as a psychological crutch…to buy into if you’re an addict.”

Mr. Baumberger then read to the jury a letter that Margot wrote to her children on her birthday, six weeks before her death. 

Defense attorney Dan Webb suggested that when people engage in risky behavior, they must accept the consequences of that behavior. 

Webb also challenged Sharon Putney’s credibility, based on her testimony about whether Margot Putney was a heavy alcohol consumer, or whether Sharon had ever suggested to Margot that cigarette smoking was dangerous.

According to Webb, punitive damages were not warranted. Phillip Morris had implemented all the design changes and warnings required by the government, and offered safer cigarettes with lower tar and less nicotine. The product is legal, said Webb, and the only advertisement now is at point of sale, and by email to existing customers. 

CVN is webcasting the Putney Tobacco trial live. 

On direct examination, Sharon Putney testified that her mother, Margot Putney, tried to tell Sharon “Happy Birthday” nine days before her mother’s death, but she “couldn’t get the words out.”

On cross-examination, Sharon Putney testified that she did not remember her mother talking about tobacco company advertising or that her mother had relied upon tobacco company advertising or the “frank statement to cigarette smokers,” although her mother did use cigarette coupons.

CVN’s live webcast of the Putney v. R.J. Reynolds Tobacco Trial continues. 

The jury in Putney v. R.J. Reynolds deliberated only briefly before determining that Margot Pitney died of lung cancer, rather than thyroid cancer, as the defense had suggested.

Phase 2 of this Engle-progeny tobacco trial, to determine damages, begins tomorrow morning. CVN will continue to webcast the Putney tobacco trial live, gavel-to-gavel.

Defense attorney Dan Webb closed for the defense today in the Engle-progeny tobacco litigation trial Putney v. R.J. Reynolds.

According to the defense, the treating physicians were not really “eye-witnesses,” because they had no recollection of Ms. Putney or treating her. Instead, they were only testifying based on the medical records, which was true of the defense witnesses as well.

Further, Webb argued, the treating physicians did not have an incentive to precisely determine the origin of the cancer, because the treatment was the same either way. In fact, tests to establish the cancer’s origin — a CT scan or a bronchoscopy — either were not performed or did not show a mass in the lung, and so there was no evidence to support the plaintiff’s theory, and therefore the plaintiff did not meet the burden of proof.  ”I will talk about gaping holes in the evidence, because they do have the burden of proof.”

 CVN is webcasting the Putney v. Reynolds Tobacco Litigation live. 

Closing arguments in Putney v. RJ Reynolds began today. Plaintiff attorney Charles Baumberger argued that the treating physicians were in the best position to diagnose Margot Putney’s cancer, and the treating physicians — “the eye witnesses” — all concluded that the cancer began in the lung, not the thyroid. “They say that five treating physicians got it wrong!”

CVN is providing live coverage of the Putney Tobacco Trial. 

Opening statements in Putney v. R.J. Reynolds began today before Hon. Judge Jeffrey Streitfeld, in Fort Lauderdale, Florida.

Margot Putney, the decedent in this Engle-progeny tobacco trial, died in 1995. According to the plaintiff and Ms. Putney’s treating oncologist, Ms. Putney died from oat-cell / small-cell lung cancer caused by smoking. 

According to the defense, Ms. Putney died of thyroid cancer.  The defense argued that Ms. Putney had neither symptoms of lung cancer, nor a mass in her lungs, and the metastasis suggested that the cancer probably started in the thyroid. 

CVN is covering the the Putney Tobacco trial live.