Tobacco Land

Judge OK’s class-action smoker suit

Tue, 29 Jun 2010 06:21:22 -0400

A federal judge certified a class-action lawsuit yesterday that demands Philip Morris USA Inc. pay for chest scans to diagnose whether heavy Marlboro smokers have early signs of lung cancer, a ruling that a lawyer for the plaintiffs called the first of its kind in the country.

Nearly two years after lawyers for two named plaintiffs sought class certification, US District Court Judge Nancy Gertner granted the request and said she would let the case go to trial on claims that the cigarette manufacturer designed a product that delivered excessive levels of carcinogens. Certifying the class-action suit means the judge has opened up the legal action to other plaintiffs with similar circumstances.

“Going forward, plaintiffs still face a substantial hurdle of proving liability,’’ Gertner wrote in the 56-page order. “But based on the record before me, plaintiffs have demonstrated that they are able to do so as a class.’’

Her ruling allows thousands of other Massachusetts smokers to join the suit, which covers people 50 or older who have smoked at least one pack of Marlboro cigarettes a day for at least 20 years. If a jury sides with the smokers, Philip Morris could be required to pay for each patient’s low-dose computed tomography scan, which can detect early-stage lung cancer.

The tests typically cost $400 to $500 a year, but many health plans do not cover them, according to Christopher Weld Jr. of Boston, one of the lawyers for the plaintiffs.

Lawyers for Philip Morris did not immediately respond to requests for comment.

Weld said there is a similar suit pending in New York, however, this is the first one in the country that he knows of that has been certified as class action.

“It’s a terrific decision for our class,’’ Weld said. “It allows the case to go forward on a group basis, which is critical. And in many respects, she has accepted our understanding or interpretation of applicable law that will be favorable to the class.’’

The case differs from other tobacco lawsuits because the plaintiffs have no apparent symptoms of lung cancer and are not seeking conventional damages, Gertner wrote. Instead, they want medical monitoring — regular screenings to detect early signs of lung cancer. The plaintiffs say if they do eventually develop the disease, the screenings will increase their likelihood of survival almost six-fold.

No class member would be eligible if they have been diagnosed with lung cancer or are under a doctor’s care for suspected lung cancer, and all must have smoked Marlboro cigarettes within Massachusetts, she wrote. Marlboro cigarettes are designated because that is the brand the two plaintiffs smoked.

Richard Daynard, a law professor at Northeastern University and chairman of its Tobacco Products Liability Project, said if the plaintiffs win, the case could spawn dozens of similar suits in federal courts across the country. “It’s a tremendously important case,’’ he said.

The case before Gertner, he said, will probably turn on whether the chest scans save lives. A growing body of evidence, he said, indicates that they do.

The plaintiffs named in the suit are Patricia Cawley of Rockland and Kathleen Donovan of Randolph. They say they began to smoke more than 30 years ago and suffered lung tissue damage that greatly increases their risk of developing lung cancer.

Lung cancer is the leading cause of cancer death among men and women and is one of the most difficult cancers to treat, according to the American Cancer Society. It is very hard to detect when it is in the earliest, most treatable stage. About 87 percent of lung cancer deaths are caused by smoking.

Anne Hathaway's tainted jewelry headed for the auction block

Tue, 22 Jun 2010 03:38:29 -0400

In the spirit of exboyfriendjewelry.com but with a criminal twist, the feds will be auctioning off jewelry given to Anne Hathaway by her convicted-felon ex, Raffaello Follieri, the Smoking Gun reports.

Follieri bought the baubles with money generated from his illegal activities, and the U.S. government will keep any cash that comes at auction. Hathaway, who broke up with then-arrested Follieri in June 2008, turned the items over to the FBI that August.

Follieri still got his own set of bracelets, however. After pleading guilty on 14 felony counts, he’s in federal prison, serving a 4 1/2-year sentence handed down in October 2008.

Do like smoking?

Tue, 15 Jun 2010 10:02:59 -0400

Stephen Strasburg Brings Hope and Change to Washington

Tue, 15 Jun 2010 03:37:28 -0400

Stephen Strasburg is the talk of the town in Washington. The 21-year-old starting pitcher made his major league debut for the Nationals last night and lived up to every bit of hype the local and national sports media threw his way. Strasburg threw 14 strikeouts, which according to Buster Olney is the best no-walk performance by a debuting pitcher. To quote Olney: “Incredible.”

“Strasburg delivered the hope and change to Washington that Obama promised and failed to deliver,” writes one friend of TWS. “He is definitely more intelligent than Obama and also better at kicking ass,” writes another.

Even the Washington Post gave Strasburg his due. Though yesterday was a midterm election Super Tuesday with primaries in 12 states, the Post’s front page, above-the-fold picture is of Strasburg:

Can i smoke in my office)

Thu, 10 Jun 2010 03:40:00 -0400

Hello everyone)

I’m work in office for 8 hours sitting with my computer. People that work the same way can understand me, that it is very difficult.I need to stand up and walk a little bit to flex my muscles. I’m smoking so every hour I go outside.

But now I’m thinkig can I smoke in office? Answer I found at one interesting article about my question. The site is called Free Tobacco but this is not important.

They write that it is possible to smoke in office! The answer is - e-cigarretes. I don’t want to describe it, because I don’t understand all about electronic cigarettes. You can read more at Wikipedia.

So I read that e-cigarettes contains liquid nicotine and produces no smoke. So, if boss give you green light - you can work and smoke =)

American cigarettes are more harmful.

Mon, 07 Jun 2010 07:06:00 -0400

Scientists from many countries has established that cigarettes that are produced by USA are more harmful for health.It contains more than allowable level of toxic chemicals and carcinogens.

This information is based on research that was made by scientists from Australia, United Kingdom, Canada and America. They have examined 126 smokers that smoke 15 cigarettes per day for the last 1 year. The result was amazing: cigarettes produced in America is more than three time dangerously.