Jones Day and Shook Hardy Bacon teamed up for a hard-fought victory in Frazier v. Philip Morris.
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Topics: Toxic Torts, Products Liability, Engle Progeny, Tobacco Litigation, Frazier v. Philip Morris
"They knew that nearly all cigarette smokers are addicted,"
Philip Gerson, of Gerson & Schwartz, told the jury in Frazier v. Philip Morris closing arguments. Eighty to 90% of smokers are addicted, he said. "But they so stubbornly deny the fact that Phyllis was addicted that we had to spend so much of your time bringing in expert witnesses" to describe the biology and pharmacology of addiction, such as Dr. Neal Benowitz, who had written a hundreds of peer reviewed articles and book chapters on nicotine addiction.
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Topics: Toxic Torts, Products Liability, Engle Progeny, Tobacco Litigation, Frazier v. Philip Morris
Gerson & Schwartz' Philip Gerson told the jury in Frazier v. Philip Morris that Phyllis Frazier started smoking at age 15, around 1960, and smoked a pack a day for 30 years, until she was diagnosed with emphysema or chronic obstructive pulmonary disease (COPD) in 1991. She quit smoking eight months later with the assistance of a nicotine patch. Ms. Frazier underwent a successful lung transplant in 2003, but her body subsequently rejected the new lungs, and at the time of trial she still suffered from COPD.
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Topics: Toxic Torts, Engle Progeny, Tobacco Litigation, Frazier v. Philip Morris
