Dubins v. Philip Morris, et al.

Summary

In this Engle progeny trial, decedent Josephine Dubins suffered from fatal chronic obstructive pulmonary disease after smoking R.J. Reynolds' Vantage brand cigarettes for decades. To be considered for the Engle progeny class, plaintiffs must prove that the smoker was addicted to cigarettes, causing a smoking-related illness manifesting between May 5, 1990, and November 21, 1996.

Dubins' family claims that Dubins developed COPD from smoking by 1995, due to evidence regarding her medical care and her testimony of respiratory symptoms.

Representatives for defendant R.J. Reynolds argue there is not enough evidence to determine when Dubins' COPD began, as no medical documentation specifically mentions the disease before 2005. Even in the 2005 document, they state that the COPD is described as "mild," refuting plaintiffs' allegations that the disease was severe during this time.

Outcome

Verdict for plaintiff.

Total damages: $6 million