Massachusetts Tobacco Lung Cancer Lawsuits
The Commonwealth of Massachusetts has been the location of major victories in tobacco lung cancer lawsuits. This page describes some of the law and procedures available to lung cancer victims in Massachusetts as well as two large jury verdicts obtained in cigarette cases in Massachusetts.
Law and Procedures for Lung Cancer Cases in Massachusetts
There are procedures in Massachusetts to expedite a case in which a person is living with lung cancer and has advanced stage lung cancer. These procedures are designed to increase the chances that the lung cancer victim (plaintiff) will be alive for the trial of the case. In the event, the plaintiff passes away before trial, Massachusetts allows for a representative of the estate of the plaintiff (usually a spouse or close family member) to be substituted as the plaintiff in the case. The damages of the lung cancer victim “survive” death and still can be recovered in court by the estate. Also, Massachusetts recognizes damages for “wrongful death” which are recoverable by any surviving spouse or children (next of kin). If a person with lung cancer dies before trial, Massachusetts also permits punitive damages to be decided by the jury.
The law that will apply in a tobacco case in Massachusetts is based on the “common law” that has applied for more than 100 years in civil cases. This common law has been applied by the Supreme Judicial Court (SJC) of Massachusetts to address several unique issues in tobacco cases. For example, the SJC has determined that a cigarette is designed defectively if the cigarette manufacturer could have designed the product in a manner that reduced the risks of the product. This is an important part of the law because there is strong evidence that the tobacco industry could have made cigarettes that were either less addictive or non-addictive, but instead manipulated the levels of nicotine to intentionally make the cigarettes as addictive as possible. Another important part of the law in Massachusetts is that the cigarette manufacturer can be ordered to pay the attorney’s fees and costs relating to the entire lawsuit so long as it’s proven that the manufacturer engaged in “unfair or deceptive” conduct sometime after 1979. This part of the law known as “Chapter 93A” can often be used in tobacco cases because the tobacco companies engaged in an intentionally deceptive conspiracy to mislead the public as to the dangers of smoking up through the 1990s.
Call (800) 315-3806 or contact us online today.
Large Verdicts in Smoking Lung Cancer Cases in Massachusetts
In October 2018, Jerome Block, a partner in our law firm, was the lead trial lawyer in the Summerlin case- a tobacco lung cancer trial in Massachusetts in which the jury awarded $13.1 million in compensatory damages and another $30 million in punitive damages. After the $43.1 million jury verdict, the Court then issued an Order pursuant to Chapter 93A requiring the defendant (R.J. Reynolds Tobacco Company) to pay the attorney’s fees and the costs of the case to plaintiffs. The Summerlin trial was broadcast on The Courtroom View Network and was also featured in an episode of the Great Trials Podcast. The jury in Summerlin found in favor of the plaintiffs and against R.J. Reynolds on all claims including failure to warn, breach of implied warranty (design defect), fraud and punitive damages. Mr. Summerlin became addicted to menthol cigarettes when he was a teenager in the 1950s and his addiction continued into the 2000s. Mr. Summerlin was unable to quit smoking despite many attempts to do so even though he used many different quit aids including nicotine gum, nicotine patch and was prescribed Chantix by his physician. Before Mr. Summerlin died of lung cancer, he testified by videotape and the jury was able to see and evaluate his testimony at trial. Mr. Summerlin’s widow and one of his adult sons testified during the trial as well.
Another large jury verdict in Massachusetts occurred in 2010. In that case (Evans), the Plaintiff also smoked menthol cigarettes. The jury awarded $50 million in compensatory damages and $81 million dollars in punitive damages. According to published reports, the defendant paid $79 million to settle the case. The highest court in Massachusetts known as the SJC issued a decision in Evans that set forth the law that has been applied in subsequent tobacco cases in the Commonwealth including the Summerlin case.
If you or a loved one were addicted to cigarettes in Massachusetts and later developed lung cancer or another tobacco illness, our law firm will evaluate your case free of charge. If we accept your case, you will not pay us any attorney’s fees unless we recover money for you. Feel free to contact our experienced and caring lawyers today by calling the number on this web page, filling out a website form or having a “live chat” on this page.
Schedule an appointment by calling us at (800) 315-3806 or by contacting us online.
Sources:
- https://www.levylaw.com/boston-jury-awards-43-1-million-verdict-in-cigarette-smoking-asbestos-exposure-lung-cancer-trial/
- https://www.levylaw.com/lk-partner-jerome-block-discusses-43-1-million-lung-cancer-verdict-on-great-trials-podcast/
- https://www.publichealthlawcenter.org/sites/default/files/resources/tclc-Evans-v-Lorillard-case-study-2016.pdf
- https://malegislature.gov/laws/generallaws/parti/titlexv/chapter93a/section9
- https://cvn.com/proceedings/louis-summerlin-et-al-v-philip-morris-usa-et-al-trial-2018-09-06

Find out whether you have a case by speaking to one of our experienced lawyers via our 24/7 toll-free hotline or by submitting an email inquiry. Our attorneys will be quick to respond to you and happy to answer all of your questions.


Know the Difference
Committed to Doing What's Right-
Over $3 Billion Won
We have represented numerous individuals and groups of workers, winning for them multi-million-dollar settlements and verdicts.
-
There's No Case Too Big
Our team has achieved groundbreaking victories in highly complex cases and has gone up against some of the toughest defendants in the country.
-
Trial Attorneys
Our attorneys excel in the courtroom and are not afraid to bring a case in front of a jury if a fair settlement for the client has not been reached.
-
A Thought Leader in the Industry
Our firm's knowledge and experience are in high demand, and many news outlets have asked us to share our legal expertise.
-
Access to World Class Resources
Our experienced attorneys use cutting-edge technology and highly regarded experts to help us achieve the best possible result for our clients.
-
Changing the World for Good
We not only want to achieve the best possible results for our clients, but we also strive to prevent future harm by changing public health policies.

Thousands of Clients Helped
Hear What They Have to Say
-
Professional, responsive and very good at their jobs.
“From the first visit to my home, to my last visit to the office to collect my settlement, I was very happy with the services provided by this firm. They are professional, very responsive and very good ...”
- Lisa Ross -
They have truly gone above and beyond.
“I have been beyond pleased how Levy Konigsberg is handling my matter. They answer my questions in a timely matter and when warranted, ease my worries and concerns. They have truly gone above and ...”
- Anne Fahey -
I put my Faith and Trust into Corey Stern!
“Selecting a Law firm to represent me was one of the biggest decisions I've had to make in my life. I put my Faith and Trust into Corey Stern, and he exceeded all my expectations.”
- Dennis McGowan -
With this team on my side we came out on top.
“Levy Konigsberg and team are a group of men and women that give their all, down to the receptionist. I had a case that was almost unbeatable but with this team on my side we came out on top. They keep ...”
- Angie Garrido -
Very happy with our settlement.
“My husband and I were VERY happy with our experience with this firm. They were always caring and really helped us go through this in a very hard time in our lives .We continue to be in touch with the ...”
- Lori Rosa -
Wow is all I can say.
“It has been a few years now but I needed to post this. My dad suffered so much from Mesothelioma. My brother looked into the law and our rights. Unfortunately he died also before anything was done. It ...”
- Carol N. -
Their dedication to receive the highest results for their clients was amazing.
“Working with Levy Koningsberg LLP was a very positive experience. Their professionalism and curiosity was outstanding. I was a pleasure working with this firm. Their dedication to receive the highest ...”
- Emily DeRogatis -
Such a great team!
“The whole team at Levy, Konigsberg LLP have been extremely professional and kind during our most difficult time. They keep you informed during the process, check in often asking if there are any ...”
- Kevin Kober -
We definitely got the right law firm!
“Levy Konigsberg represented my daughter Linda, who was diagnosed with mesothelioma at 16 years old. She endured many surgeries and chemotherapy including HIPEC. She traveled the country seeking ...”
- Mark Wells -
Levy Konigsberg continued to help my family fight for the justice my father deserves.
“Levy Konigsberg was there for my father as soon as he was diagnosed with mesothelioma they helped him get medical treatment in another state that specializes in his condition and even provided housing ...”
- Stephanie Vitale

