Jury verdicts (by case) in favour of plaintiffs during the third wave of tobacco litigation
| Case | State | Year of verdict | Compensatory damages assessed by jury | Punitive damages assessed by jury | Total amount of award assessed by jury | Current status of case | Type of case* |
|---|---|---|---|---|---|---|---|
| *I, individual case; C, class action case; H, health care cost recovery case. | |||||||
| AR, Arkansas; CA, California; FL, Florida; IL, Illinois; KS, Kansas; LA, Louisiana; MD, Maryland; MO, Missouri; NY, New York; OR, Oregon; PR, Puerto Rico. | |||||||
| Sources: Court filings; news media reports; Tobacco Control Resource Center, Northeastern University School of Law; Morgan Stanley Equity Research North America; Prudential Equity Group, LLC. | |||||||
| Horowitz | CA | 1995 | $1.3 million | $700000 | $2 million | Upheld on appeal; plaintiff was paid $3 million, including interest | I |
| Carter | FL | 1996 | $750000 | $0 | $750000 | Upheld on appeal; plaintiff was paid $1.09 million, including interest | I |
| Widdick | FL | 1998 | $552000 | $450000 | $1.002 million | Reversed; dismissed on appeal | I |
| Henley | CA | 1999 | $1.5 million | $50 million | $51.5 million | Reduced to $10.5 million; upheld on appeal; plaintiff was paid $16.7 million (including interest) | I |
| Williams-Branch | OR | 1999 | $800000 | $79.5 million | $80.3 million | On appeal | I |
| Connor | MD | 1999 | $225000 | $2 million | $2.225 million | Second trial ordered to determine non-liability issue related to when plaintiff’s mesothelioma developed | I |
| Engle | FL | 1999 | N/A | $145 billion | $145 billion | Reversed; on appeal | C |
| Whiteley | CA | 2000 | $1.72 million | $20 million | $21.72 million | Reversed; set for retrial | I |
| Traverso | CA | 2000 | $48,000 | $1 million | $1.048 million | Settled (terms confidential) | I |
| Farnan (Engle class member) | FL | 2000 | $2.9 million | $0 | $2.9 million | On appeal | I |
| Amodeo (Engle class member) | FL | 2000 | $5.8 million | $0 | $5.8 million | On appeal | I |
| Della Vecchia (Engle class member) | FL | 2000 | $4 million | $0 | $4 million | On appeal | I |
| Jones | FL | 2000 | $200000 | $0 | $200000 | Verdict vacated by trial court | I |
| Blue Cross and Blue Shield of New Jersey | NY | 2001 | $17.8 million | $0 | $17.8 million | Reversed | H |
| Boeken | CA | 2001 | $5.54 million | $3 billion | $3+ billion | Reduced to $55.54 million; upheld on appeal; plaintiff was paid $82 million (including interest) | I |
| Kenyon | FL | 2001 | $165000 | $0 | $165000 | Upheld on appeal; plaintiff was paid $195000 (including interest) | I |
| Burton | KS | 2002 | $198000 | $15 million | $15.198 million | Punitive damage award eliminated; plaintiff was paid $198000 | I |
| Schwarz | OR | 2002 | $170000 | $150 million | $150.17 million | Reduced to $100.17 million; on appeal, remanded back to trial court for new trial to re-determine amount of punitive damages | I |
| French | FL | 2002 | $5.5 million | $0 | $5.5 million | Reduced to $500000; on appeal | I |
| Luckacs (Engle) | FL | 2002 | $500000 | $37 million | $37.5 million | Reduced to $25.1 million; on appeal | I |
| Bullock | CA | 2002 | $850000 | $28 billion | $28+ billion | Reduced to $28.1 million; upheld by mid-level appeals court; on appeal | I |
| Vargas | PR | 2002 | $1 million | $0 | $1 million | Reversed | I |
| Miles/Price | IL | 2003 | $5 billion | $3 billion | $10.1 billion (including $2.1 billion interest) | Reversed; on appeal | C |
| Eastman | FL | 2003 | $3.25 million | $3.25 million | $6.5 million | Reduced to $3.25 million; plaintiff was paid | I |
| Boerner | AR | 2003 | $4.025 million | $15 million | $19.025 million | Punitive damage award reduced to $5 million by appeals court; plaintiff was paid $9 million | I |
| Thompson | MO | 2003 | $1.05 million | $250000 | $1.3 million | On appeal | I |
| Frankson | NY | 2003 | $175000 | $20 million | $20.175 million | Punitive damage award reduced to $5.5 million; on appeal | I |
| Scott | LA | 2004 | $592 million | $0 | $592 million | On appeal | C |
| Arnitz | FL | 2004 | $240000 | $0 | $240000 | Upheld by mid-level appeals court; on appeal | I |
| Smith | MO | 2005 | $500000 | $20 million | $20.5 million | On appeal | I |
| Rose | NY | 2005 | $3.42 million | $17.1 million | $20.52 million | On appeal | I |