Source: Reuter

Pennsylvania smokers win right to sue industry

PHILADELPHIA (Reuter) A federal judge Monday
recognized Pennsylvania smokers as a class and said they could
present claims against the tobacco industry for the costs of
medical monitoring.
The suit, filed a year ago by six Philadelphia area smokers
and Pennsylvania Action, an ad hoc advocacy group, is part of a
nationwide campaign to recover medical costs from the makers of
cigarettes.
Pennsylvania has filed a separate action to recover its
Medicaid costs in treating smokingrelated illness.
The state of Pennsylvania is not a plaintiff, nor is the
cost of past treatment an issue in the medical monitoring trial,
which is set to begin Oct. 14.
Mississippi settled a similar case in July for $3.36
billion. Florida settled its claims against the tobacco industry
Monday for $11.3 billion and certain public health concessions,
including advertising restrictions and a pilot program to reduce
youth smoking.
The Mississippi pact specifies that the state will be
entitled to any new concessions by the industry in settlements
with other states. Therefore, Mississippi will get the same
public health provisions as those in the Florida deal.
An estimated 2 million Pennsylvanians meet the class terms,
said Diane Nast, lead lawyer for the plaintiffs, which are: the
smoker must have begun before turning 19 and have been a
Pennsylvania resident at the time.
Depending on their current age, smokers would be eligible
for testing that ranges from electrocardiograms and stress tests
to lipid and pulmonary monitoring. She estimated the total cost
of the testing program to be at least $2.5 billion.
Judge Clarence Newcomer released a written opinion Monday
holding that smokers in the state have enough community of
interests to warrant a trial on claims that smoking presents a
risk to their health. The lawsuit seeks to compel the industry
to pay for continued testing of Pennsylvania's smokers.

But the judge also called his ruling ``a close question''
subject to change after the defense files motions Monday.
Robert Heim, the lead defense lawyer, said ``we are
considering a number of options,'' including an appeal of Judge
Newcomer's ruling. The motions filed Monday, Heim said, ask the
judge to consider whether the statute of limitations applies and
challenges the validity of the monitoring program.

^REUTER@