From left, attorneys Wes Holmes, Jose Isasi II, and Jennifer Weizenecker deliver openings at trial against R.J. Reynolds over the laryngeal cancer death of a New Mexico man. Watch the trial.
Santa Fe, NM— Jurors Wednesday heard a preview of evidence surrounding the cancer death of a New Mexico man who smoked for decades, as trial opened against R.J. Reynolds. Perez v. R.J. Reynolds, D-101-CV-201902017.
Juan Gonzales, 79, died in 2019 from laryngeal cancer. He had been a smoker for roughly half a century, favoring unfiltered Lucky Strike-brand cigarettes until quitting in roughly 2008, when he was first diagnosed with the disease. In 2014, doctors declared Gonzales cancer-free, following treatment, but two years later he was diagnosed once again with the cancer.
His daughter contends Reynolds is responsible for Gonzales’ death by selling cigarettes that were unreasonably dangerous, and by working for decades in the latter half of the 20th century to conceal those dangers.
During Wednesday’s openings, Bruster PLLC’s Wes Holmes, representing Gonzales’ family, told jurors evidence would show Lucky Strikes were designed to hook smokers, like Gonzales, to nicotine and that safer alternative designs, such as those that could not be inhaled, could have been marketed.
“The design of Lucky Strike cigarettes was intended to make it addictive when it didn’t have to be,” Holmes said. “[It] is a decision, it’s a choice that cigarette manufacturers make because it drives products.”
But R.J. Reynolds’ attorney, Jose Isasi II, of Jones Day, pushed back on that contention. He told jurors evidence would show cigarettes are inherently dangerous. And, he said Gonzales was warned repeatedly of the risks of cigarettes and understood those warnings, but refused to quit smoking to prevent his cancer.
“He had many opportunities to quit smoking to avoid ever developing his cancer,” Isasi said. “He just chose not to take them, which was his right.”
Another key issue at trial promises to be whether the claims are barred by the statute of limitations. During openings, Jones Day’s Jennifer Weizenecker, representing Reynolds, told jurors Gonzales’ second diagnosis of laryngeal cancer in 2016 is actually the same incarnation of the disease first diagnosed in Gonzales, and that the claim is time-barred. Weizenecker pointed to evidence that the 2016 cancer was found in the same location as the 2008 cancer, as well as links between cells from the two disease diagnoses.
However, Holmes told jurors evidence would show doctors declared Gonzales cancer-free five years after his first diagnosis and treatment, and after multiple tests, rendering the diagnosis in 2016 a new appearance of the disease that fell within the lawsuit’s statute of limitations.
Trial in the case is expected to last through next week.
Email Arlin Crisco at acrisco@cvn.com.
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