A
class action lawsuit has been brought against Philip Morris. The
lawsuit seeks to have Philip Morris pay for medical monitoring in the
form of a low-dose computed tomography (CT) scan. Medical monitoring is
a potentially life saving screening technique, which can often detect
lung cancer at an early stage, greatly increasing the chances of
survival.
The Court ordered this notice and decided that this case should be a class action. There are no benefits available now and no guarantee that there will be.
About the Case:
The lawsuit claims that Philip Morris designed, marketed, and sold
Marlboro cigarettes that delivered excessive and dangerous level of
carcinogens, cancer causing substances, in violation of Massachusetts state law. This lawsuit does not include current or future personal injury claims involving smoking related diseases. Philip
Morris denies these claims and denies it did anything wrong. The
lawyers for the Class will have to prove their claims in Court.
Who is Included: Class Members include residents of Massachusetts as of February 26, 2013 who:
- Are 50 years of age or older;
- Have a smoking history equal to at least a pack a day of Marlboro cigarettes for 20 years (e.g., one pack a day for 20 years; two packs a day for 10 years; a half pack a day for 40 years);
- Currently smoke Marlboro cigarettes, or quit smoking Marlboro cigarettes on or after December 14, 2005;
- Have not been diagnosed with lung cancer and a doctor does not suspect that you have lung cancer as of the date of any judgment entered, or relief obtained, in this lawsuit; and
- Have smoked Marlboro cigarettes within Massachusetts.
Law Firm Representing the Class: The Court has appointed Phillips & Paolicelli, LLP, as well as Thornton & Naumes, LLP; Arrowood Peters,
LLP; and Todd & Weld, LLP, to represent the Class as "Class
Counsel." You do not have to pay anyone to participate. Instead, the
attorneys will seek an award of fees and costs from the Court, to be
paid by Philip Morris, or out of a fund created for the Class, if one
becomes available. You may hire your own lawyer to appear in Court for
you, but if you do, you have to pay that lawyer.
Class Member Options
Stay in the Class:
Class Members do not need to do anything to stay in the Class. Class
Members will be notified about how to ask for medical monitoring if
benefits are obtained. Remaining in the Class will not prevent
Class Members from bringing a lawsuit against Philip Morris , producer of Chesterfield cigarettes for damages
in the event that they contract cancer or another condition as a result
of smoking.
Get out of the Class:
Class Members who want to keep your rights to sue Philip Morris on
their own over the claims in this case need to exclude themselves by
mailing a letter to the address below stating that they do not want to
be included in this lawsuit. However, Class Members who exclude
themselves will not get medical monitoring from this lawsuit if it is
awarded. The deadline to ask for exclusion is August 19, 2013.
No comments:
Post a Comment