Table 1

 Cases analysed

CaseDatesType of caseDocument reference no.OutcomeDescription
BCBS, Blue Cross/Blue Shield; FL, Florida; GAMC, General Aid for Medical Care; MN, Minnesota; MS, Mississippi; MSA, Master Settlement Agreement; NY, New York; OH, Ohio; OK, Oklahoma; RICO, Racketeer Influenced and Corrupt Organizations Act; TX, Texas; WA, Washington State.
Falise v. American Tobacco Company2000–01Asbestos9–13Hung juryCase filed in US District Court, NY, on behalf of the Johns Manville Trust health plan to recover over $1.4 billion in additional smoking-related healthcare costs because the defendant concealed the dangerous synergy of asbestos exposure and smoking
National Asbestos Workers Medical Fund v. Philip Morris Inc2000Asbestos14Case dismissedCase filed in US District Court, NY to recover additional smoking-related healthcare costs because the defendant concealed the dangerous synergy of asbestos exposure and smoking; no specific monetary damages were requested
Local #17 International Association of Bridge and Iron Workers Insurance Fund v. Philip Morris1999Union Trust Fund15–17Went to trial. Jury ruled in favour of defendantsCase filed in the US District Court, OH, to recover health care costs associated with smoking. RICO
Northwest Laborers-Employers Health and Security Trust Fund vs. Philip Morris1998Union Trust Fund18Case dismissedCase filed in US District Court, WA, to recover additional smoking-related healthcare costs; no specific monetary damages were requested
State of FL v. American Tobacco Co1997Attorney General19MSA reached before it went to trialThe Attorney General of FL sued the tobacco industry to recover tobacco-related health care costs incurred by the Medicaid programme
State of MN and Blue Cross and Blue Shield of MN v. Philip Morris Inc1997–98Attorney General20–25Trial, followed by settlement before verdict reached by juryThe Attorney General of MN sued the tobacco industry to recover tobacco-related health care costs incurred by the Medicaid programme, Blue Cross of MN, and the GAMC programme
State of MS v. Philip Morris Inc5/94–1996Attorney General26MSA reached before it went to trialThe Attorney General of MS sued the tobacco industry to recover tobacco-related health care costs incurred by the state’s Medicaid programme and state employee health insurance programme
State of NY v. American Tobacco Co1997Attorney General27MSA reached before it went to trialThe Attorney General of NY sued the tobacco industry to recover tobacco-related health care costs incurred by the Medicaid programme
State of OK v. RJ Reynolds Tobacco CoAttorney General28MSA reached before it went to trialThe Attorney General of OK sued the tobacco industry to recover tobacco-related health care costs incurred by the Medicaid programme
State of TX v. American Tobacco Co1997Attorney General29MSA reached before it went to trialThe Attorney General of TX sued the tobacco industry to recover tobacco-related health care costs incurred by the Medicaid programme
State of WA v. American Tobacco Co1998Attorney General30Went to trial, but MSA reached before trial concludedThe Attorney General of WA sued the tobacco industry to recover tobacco-related health care costs incurred by the Medicaid programme. There was an Antitrust component to this case.
Blue Cross/Blue Shield of NJ v. Philip Morris2000–01Private insurer14, 31–35Went to trial. Jury found the defendants guilty of deceptive practices and awarded the plaintiff damages of $18 million. Found against the plaintiffs on the charges of racketeering and common law fraudCase filed in US District Court, Brooklyn, on behalf of 24 BCBS plans to recover health care costs related to smoking. The trial was limited to one plan