Injured CT Smoker Wins Out Against Tobacco Company, The First In New England History

NORWICH, CT – Court officials said an injured Connecticut smoker won out against R.J. Reynolds Tobacco Company in court Friday, winning $28 million as a result of the decision. Barbara Izzarelli, formerly of Norwich, was awarded $28 million for damages sustained as a result of smoking.

Officials said this was the first smoker’s case to come to trial in Connecticut, as well as the first jury verdict in New England history ever returned against a tobacco company, according to a release. (To sign up for free, local breaking news alerts from more than 100 Connecticut communities click here.)

The decision was issued by the United States Court of Appeals for the Second Circuit. The appeals court also remanded the case for a further award of punitive damages, according to a release.

The victim had been awarded $7.9 million by a federal jury after a 14-day federal court trial in May 2010. Court officials said she was awarded punitive damages in the amount of $3.9 million, and prejudgment interest increased the total judgment to more than $28 million.

Court officials said Izzarelli developed larynx cancer after smoking Salem cigarettes for more than 25 years. She was forced to undergo surgery at the age of 36, which resulted in the removal of her larynx and required her to breathe through a hole in her throat.

The victim said she cannot breathe through her nose or mouth, has no sense of smell and can only eat soft foods. Court officials said Izzarelli began smoking Salem cigarettes in the early 1970's when she was a teenager.

Evidence in the trial allegedly revealed that Reynolds had undertaken a campaign at that time to market Salem cigarettes to minors. Evidence also established that Reynolds had designed Salem cigarettes with a set level of nicotine that would provide a daily dose of nicotine above the threshold for nicotine addiction.

The jury ruled that the Salem cigarettes manufactured by R.J. Reynolds Tobacco Company were unreasonably dangerous and defectively designed. It was also decided Reynolds acted with reckless disregard for the safety of consumers.

“Barbara Izzarelli was targeted by Reynolds when she was 12-years old with a product that was specifically designed to addict her,” said David S. Golub, who represented Izzarelli. “This has been a long fight, but today’s verdict underscores that a Connecticut jury will not accept a tobacco company’s claim that a minor made a ‘free choice’ to begin smoking and will impose substantial damages – including punitive damages – for targeting minors and setting nicotine doses to create addiction.”

The Connecticut Supreme Court had issued two decisions last year supporting lawsuits in Connecticut by injured smokers against cigarette companies.

Image via Shutterstock