Santana v. Philip Morris

Summary

Decedent Tomasa Santana developed laryngeal cancer after smoking Virginia Slims cigarettes since the 1970s. Her husband, Jose Santana, sues Philip Morris, alleging that their cigarettes were defectively designed and caused Ms. Santana’s throat cancer. These elements of defect include Philip Morris manipulating nicotine levels to ensure addiction and the cigarettes being easily inhalable. Representatives for Santana also claim that Philip Morris intentionally obscured the dangers of smoking from consumers to sell more product.

Defendant Philip Morris claims that nicotine and inhalability are inherent qualities of a cigarette and do not represent design defect. And, when Ms. Santana began smoking, people already knew that cigarettes were dangerous.

Outcome

Verdict for defendant.