Lung cancer victims now declare war

A group of lung cancer patients are preparing the first cases for
damages against tobacco companies in Ireland.

The smouldering tobacco war looks set to ignite here as a group of lung
cancer victims prepare to take a test case against Ireland's cigarette
giants, seeking unlimited compensation.

Battle lines are being drawn between the victims and the tobacco
industry as a High Court contest looms a source at Gallaher's Dublin
base confirmed it has already taken legal advice.

It's a law suit the tobacco industry has been anticipating for some
time, alerted by a USled hardening of attitudes about health risks from
smoking and the drain on the public purse from caring for people with
smokingrelated illnesses.

In some states in America, individual victims are taking cases. In
Florida, the tobacco companies have reached a "class action'' settlement
with the state to cover the cost of treating patients with
smokingrelated illnesses.

Cigarette companies here will not respond to speculation that they may
settle out of court, although they did this to the tune of a massive
$11.3 billion in Florida. Other US states still have cases pending.

However, if they did decide to settle, we could be looking at a payment
in the region of ú2 billion one 20th of Ireland's annual economic wealth
based on a pro rata comparison of our population with Florida's.
Admittedly, damages awards are considerably higher in the US;
nevertheless the scale of figures potentially involved must be giving
the tobacco companies some anxious moments.

Personal injuries solicitor Peter McDonnell, handling the Irish group's
case, said the tobacco industry had appointed a panel of barristers in
Dublin to monitor developments. However he has not yet been in touch
with them he plans to send out writs "shortly'' to the major players,
including Gallaher.

The group he represents is made up of more than 20 people in their 50s
and 60s suffering from lung cancer, drawn from across Ireland: from
Monaghan, Dublin, Cork, Galway, Limerick and Offaly. All are lifelong
addicts who have attempted to give up smoking.

"This is a test case which I hope will reach court next year. Some of
the people involved are at an advanced stage of lung cancer,'' said Mr
McDonnell.

Their grounds are that the industry deliberately made cigarettes addictive
in a cynical drive to cash in on people's need for its product; and that
the public was misinformed by the industry regarding this addictive nature.

He is being advised by the English branch of the Association of Personal
Injury Lawyers, which has been briefed by American lawyers currently
involved in litigation. An English test case is also being prepared by
lung cancer victims and is expected to reach the courts next year.

Both the Irish and English cases differ from the Florida one in that the
US action was pursued by the state, to pay for caring for its citizens,
rather than by individuals. However it sets an interesting precedent by
settling out of court the tobacco industry has implicitly admitted
liability.

The money, payable over 25 years, was bolstered by an additional
requirement on the tobacco industry to take steps aimed at protecting
children. The industry must: Take down billboards near schools Stop
advertising at sports events Pay for antismoking campaigns Remove
vending machines from places with child access.

Meanwhile Ireland's Department of Health is watching developments with
interest last year it spent ú350,000 on spreading an antismoking message.
Although it is not supporting Mr McDonnell's action, it has taken note of
the American settlement and the fact that other multibillion dollar
payments may be made there.

A statement from the Department said: "The Minister is reviewing the
antismoking policy at the moment. The emphasis has been to educate and
to promote antismoking practices and to reinforce this strategy with
specific educational programmes and environmental controls.

"We have noted the outcome of recent US litigation and this matter will
be taken into account in the review within the Department of Health.''

The antismoking organisation ASH confirmed that it had been approached
by a small number of people indicating that they intended to sue the
Irish tobacco industry.

However the organisation, which has the message "smoking kills six times
more people in Ireland each year than road accidents, work accidents,
drugs, murder, suicide and AIDS combined'' on its stationery, said it
had no specific role to play in litigation.

The tobacco giants, who must be bracing themselves for a barrage of
negative publicity, are adopting a wait and see strategy. Gallaher
(Dublin Ltd) marketing director Nick Robinson said: "We have no comment
to make on issues of legal matters, and that is our position.''