FORT LAUDERDALE, FL / ACCESSWIRE / November 18, 2019 / Schlesinger Law Offices has obtained a $157.4 million judgement in the first same-sex, wrongful death lawsuit in the nation to go to trial against Big Tobacco. A Broward County jury decided in favor of Bryan Rintoul whose spouse, Edward Caprio, had contracted a fatal disease from smoking before the two could legally marry in Florida.
The jury found that Caprio developed Chronic Obstructive Pulmonary Disease, or COPD, as a result of his addiction to cigarettes containing nicotine. It awarded $9.2 million in compensatory damages and more than $148.2 million in punitive damages.
Florida law allows only certain relatives to sue for wrongful death. The jury said in its verdict form that the couple would have been married before the deceased developed COPD in 1996 if same-sex marriages had been legal at that time. The couple married in 2015, shortly after the state recognized such marriages. Caprio died in January 2018.
"We took the stance that preventing Bryan from pursuing the case would continue the prejudice against same sex couples because they did not have an opportunity to get legally married although they had been together since the early 1980's," said Jonathan R. Gdanski, an attorney at Schlesinger Law Offices in Fort Lauderdale. "The Defendants were adamant that Bryan shouldn't be allowed to move forward with the case since he wasn't married to Ed at the time Ed got sick. We were happy to have provided a measure of justice to a couple that for decades was discriminated against based on their sexual orientation."
The punitive damages phase centered on whether tobacco companies should be punished, with their attorney's arguing that they have made efforts to educate the public about the dangers of smoking. However, Schlesinger attorneys were quick to point out that little has changed with Big Tobacco, arguing that Altria, the parent company of Phillip Morris, recently acquired 35% of the e-cigarette maker JUUL Labs.
"The investment in JUUL demonstrates that Philip Morris and Altria are intent on profiting from creating and sustaining another generation of nicotine addicted youth," said Scott P. Schlesinger, an attorney at the firm. "JUUL is the 21st century perpetuation of the youth nicotine addiction epidemic and it is important that juries are able to see this industry for what it is -- a unreformed public health nemesis."
ABOUT SCHLESINGER LAW OFFICES
Based in Fort Lauderdale, Florida, Schlesinger Law Offices is a trial firm with a focus on public health advocacy dedicated to holding corporations, manufacturers and medical providers accountable for harm bid caused to members of the public by acts of negligence and misconduct. The firm has a reputation for powerful advocacy and has obtained justice and compensation for thousands of clients. For more information, log on to www.schlesingerlawoffices.com or call (954) 866-5493.
Media contacts:
Lauren Berger, BoardroomPR, lberger@boardroompr.com
954-370-8999
SOURCE: Schlesinger Law Offices PA
View source version on accesswire.com:
https://www.accesswire.com/567119/Schlesinger-Law-Offices-Wins-157-Million-in-Precedent-Setting-Case-for-Same-Sex-Couples
