Florida jury awards $23 billion for punitive damages to widow in lawsuit against R.J. Reynolds

Source: reuters.comAuthor: Barbara Liston A Florida jury has awarded the widow of a chain smoker who died of lung cancer punitive damages of more than $23 billion in her lawsuit against the R.J. Reynolds Tobacco Company, the nation's second-biggest cigarette maker. The judgment, returned on Friday night, was the largest in Florida history in a wrongful death lawsuit filed by a single plaintiff, according to Ryan Julison, a spokesman for the woman's lawyer, Chris Chestnut. Cynthia Robinson of Florida Panhandle city of Pensacola sued the cigarette maker in 2008 over the death of her husband, Michael Johnson. Johnson, a hotel shuttle bus driver who died of lung cancer in 1996 at age 36, smoked one to three packs a day for more 20 years, starting at age 13, Chestnut said. "He couldn't quit. He was smoking the day he died," the lawyer told Reuters on Saturday. After a four-week trial and 11 hours of jury deliberations, the jury returned a verdict granting the widow $7.3 million and the couple's son $9.6 million in compensatory damages. The same jury deliberated for another seven hours before deciding to award Robinson the additional sum of $23.6 billion in punitive damages, according to the verdict forms. Lawyers for the tobacco company, a unit of Reynolds American Inc [RAI.N] whose brands include Camel cigarettes, could not immediately be reached for comment. But J. Jeffery Raborn, vice president and assistant general counsel for R.J. Reynolds, said in a statement quoted by the New York Times that the company planned to challenge "this runaway [...]

2014-07-21T14:56:14-07:00July, 2014|Oral Cancer News|

Ethics Being Questioned In Dentistry

Source: Dr.Bicuspid.com Scandals, lawsuits, a growing focus on commercialization and self-promotion, and dentists who prescribe excessive treatments are tarnishing the profession's image, according to a presentation on ethics at the recent ADA annual session in Las Vegas. Most dentists may be surprised that a Google search on ethical scandals among health professions shows that dentistry now gets more hits than medicine, nursing, chiropractics, and pharmacology, according to Ann Boyle, DMD, interim provost and vice chancellor for academic affairs at Southern Illinois University. Some of the public's changing perceptions toward dentistry can undoubtedly be traced to ubiquitous media coverage of scandals and malpractice lawsuits involving medical professionals, Dr. Boyle noted. Gordon Christensen, DDS, MSD, PhD, discussed the decline of dentists' credibility in a 2001 article, noting a Gallup poll showed that their ranking among professions had fallen below nurses, physicians, and veterinarians (Journal of the American Dental Association, August 2001, Vol. 132:8, pp. 1163-1165). Dentists were ranked third among the most trusted professionals in 1995 but slipped to ninth in 2001, according to Gallup poll rankings; they ranked sixth in 2009. Negative influences, according to Dr. Christensen, included commercialization and self-promotion, excessive treatment and fees, providing service only when it's convenient, and refusing to accept responsibility when treatment fails prematurely. “These front-line physicians consider us uncaring, selfish, greedy, and unprofessional.” — Ann Boyle, DMD, Southern Illinois University Dr. Boyle pointed to a 1997 Reader's Digest article about dentists' honesty. In it, the author visited 50 dentists in 28 states to see how [...]

New Jersey Dentist Involved in Lawsuit After Patient Dies of Metastatic Tongue Cancer

Source: MyCentralJersey.com The dentist of a local firefighter who last year died of cancer at the age of 33 is being sued by the man’s estate, which accuses him of failing to warn his patient quickly enough that an tongue abnormality could have been a troubling sign of a bigger problem. Steven M. Runyon, who grew up in Manville before moving to Somerville, died of metastatic tongue cancer on Aug. 13, 2010, just eight days after his wife of four years, Colleen, gave birth to the couple’s fourth child. But the lawsuit alleges that Runyon’s dentist, Francis Barbieri Jr., first noticed a “raised area” on his patient’s tongue in December 2008 — nine months before he first was diagnosed with cancer — and failed to advise him to look into it further. Runyon returned to Barbieri for another appointment in June 2009, when the dentist noted visible changes to Runyon’s tongue, and he went back for follow-up sessions three times that summer, the lawsuit indicates. But it was only during the final visit, in August, that Barbieri finally referred him to Somerset Oral Surgery for an evaluation and biopsy, according to the allegations. Runyon subsequently underwent “extensive” treatment by various physicians in various locations — suffering “severe pain, physical disfigurement, mental anguish and suffering,” the suit states — but died less than a year later. Barbieri did not return a phone call placed to his office last week. The dentist has an office on East Main Street in Somerville and [...]

Dentist is out $80k for legal fees in Yelp case

Source: Dr.Bicuspid.com A California dentist who lost a defamation case over negative reviews on Yelp.com must pay $80,000 in attorney fees to a young patient's parents, whom she sued, according to a court ruling issued May 12. In January 2009, San Francisco Bay Area dentist Yvonne Wong, DDS, filed a lawsuit against Tai Jing and Jia Ma, the parents of a young patient who had been treated by Dr. Wong, after the father posted a negative review on Yelp.com. Dr. Wong contended that the review defamed her by implying that she didn't inform the boy's parents about alternatives to the use of amalgam and nitrous oxide and didn't spot cavities that needed treatment. She also named Yelp in the suit. The key issue in the case was whether the review stepped over the line from discussing a topic of public interest to defamation. Dr. Wong subsequently won the first round of the legal wrangling when a judge ruled the case had sufficient legal merit to be tried. The case then went to an appellate court, which found that consumers can post reviews of businesses on websites such as Yelp.com because they contribute to public discussion about controversial issues such as the use of dental amalgam. That ruling found that the Yelp review was protected under California's anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which preserves the right to speak out on public issues. As a result, all claims against Yelp, Jing, and Ma were dismissed. Now Santa Clara Superior Court [...]

Tobacco giants challenge law

Source: online.wsj.com Author: David Kesmodel, Lauren Etter & Alicia Mundy Reynolds American Inc., Lorillard Inc. and several other tobacco companies filed a lawsuit Monday seeking to block various provisions of a new federal tobacco law on the grounds that the provisions violate the companies' First Amendment rights. The tobacco companies said the recently enacted law, which placed the industry under the oversight of the Food and Drug Administration, sharply restricts the companies' right to advertise their products to adult tobacco users. The companies object to such provisions as a requirement that cigarette makers expand the size of warning labels so that they cover the top half of the front and back of cigarette packs, and include graphic images such as diseased lungs. This change, they say, would leave manufacturers with only a small and often-obscured portion of a cigarette pack to print their own messages. The companies also challenged a rule that restricts their ability to publicize the relative health risks of certain products such as smokeless tobacco. The suit was filed against the FDA in a federal district court in Bowling Green, Ky., the home of one of the plaintiffs, Commonwealth Brands Inc. An FDA spokeswoman said the agency doesn't comment on lawsuits. The FDA recently announced that its choice for its "tobacco czar" to run the new tobacco regulation center is Lawrence Deyton, who led antismoking efforts at the Department of Veterans Affairs. Many of the FDA regulations won't take effect until next year and the years that [...]

2009-09-01T12:13:33-07:00September, 2009|Oral Cancer News|
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