Garcia v. Philip Morris, et al.

Summary

Plaintiff Gloria Garcia sues Philip Morris for Manuel Garcia's death from lung cancer. Mr. Garcia smoked Marlboro cigarettes for two decades before being diagnosed with lung cancer in 1997. While this diagnosis is outside of the Engle class membership window, representatives for the plaintiff argue that the size of the tumor indicates that it had been present by the November 21, 1996, cutoff date. Ms. Garcia claimed that Philip Morris is responsible for Mr. Garcia's lung cancer, as they worked to conceal the dangers of smoking while working to make cigarettes more addictive.

Defendant Philip Morris claims that there is not enough evidence to prove that Mr. Garcia's tumor was present before the Engle membership window closed. Besides Ms. Garcia's testimony that he had a cough, no official records prove its presence before the end of 1996.