The Massachusetts Supreme Court upheld a nearly $37 million verdict for a woman who claimed she developed lung cancer after switching from Marlboro Red cigarettes to Marlboro Lights because she believed they were less dangerous.
The court ruled unanimously on Tuesday that Patricia Walsh Greene might have smoked less or quit sooner had she not been convinced by Philip Morris’ claim that Marlboro Lights was safer.
In its decision, the court wrote: “Philip Morris claimed that such products, including Marlboro Lights, delivered less tar and nicotine and were a healthier alternative to regular cigarettes.”
However, Philip Morris never told his loyal consumers that internal research conducted by the company in the late 1970s showed that the smoke from Marlboro Light cigarettes was actually more likely to cause the DNA damage that can ultimately lead to cancer.
Patricia Walsh Greene received a $37 million judgment from a Massachusetts court after she sued Philip Morris in 2015 for lung cancer and the subsequent health problems she developed after switching from Marlboro Reds to Lights, believing them to be less harmful
Greene smoked her first Marlboro in 1971, when she was just 13, and would not be able to stop until 1995
Born in the late 1950s, Greene grew up surrounded by sexy and aggressive cigarette advertising.
She smoked her first Marlboro in 1971, when she was 13 years old, the court said. In high school, she smoked a pack a day.
According to her lawyers, Greene tried to quit on many occasions using various methods, including nicotine patches and hypnosis.
Between 1979 and 1980, Greene was able to quit smoking for nine months. When that break was over, she resumed smoking, but switched to Marlboro Lights – from the Reds – after seeing advertisements assuring that they contain less tar and nicotine.
Until she retired for good in 1995, Greene smoked a pack of Marlboro Lights a day.
In 2013, Greene was diagnosed with lung cancer, which had spread to her brain in 2018. According to the court, she needed multiple surgeries and radiation.
Eight years ago, in 2015, Greene sued Philip Morris with the help of the Public Health Advocacy Institute. In 2021, the company was found liable for civil conspiracy and Greene was awarded the initial multi-million dollar judgment.
Altria-owned Philip Morris appealed the ruling, arguing there was insufficient evidence to support the verdicts against it, and said the interest rates that resulted in the final award amount were excessive.
This week’s ruling upholds the original decision and confirms that the jury had sufficient evidence that Philip Morris conspired with other cigarette companies in a manner that ultimately caused Greene’s cancer and subsequent kidney failure.
Greene’s original complaint against Philip Morris USA that resulted in a $37 million judgment for the plaintiff in 2021. Philip Morris appealed and lost again.
Research conducted by Philip Morris in the 1970s found that the smoke from Marlboro Light cigarettes was actually more likely to cause the DNA damage that can eventually lead to cancer
One of Greene’s PHAI lawyers, Mark Gottlieb, told the Daily Mail that his client is naturally pleased with the verdict, and that “it was amazing that she was alive to tell her story to the jury and unexpected that she survived to the to see a lawsuit. verdict confirmed.’
“It’s a really sad story and I know she would have gladly traded this cash prize for her health. I just hope it gives Philip Morris pause and encourages others like Patti to come forward and call them out for what they’ve done,” he said.
About six months into the trial, Greene’s husband, who had testified, died unexpectedly.
Since his passing, Greene has been forced to rely on her daughter to get her to the many medical appointments – something her husband used to do.
Gottlieb said that from his perspective “holding a cigarette company accountable for giving free samples of a deadly and addictive product to children in Boston while spending tens of millions of dollars each year to lie to the public about what it knew, and a product calling “Lights” as better for you when you know it probably causes more cancer than regular cigarettes shouldn’t take 8 years, hundreds of attorney hours and hundreds of thousands of dollars in expenses.’