Federal Court Grants Class Certification to Class of Marlboro Smokers for Landmark Trial against Philip Morris

Federal Court in Massachusetts allows case brought by class of Marlboro smokers to proceed to trial. The class seeks a medical monitoring program to provide low dose CT scans that can detect lung cancer at an early stage and increase survival rates. A similar lawsuit on behalf of New York Marlboro smokers remains pending.

BOSTON, Massachusetts, June 25, 2010 - In a federal class action¹ brought by two long-time Marlboro smokers residing in Massachusetts on behalf of a class of an estimated 60,000 similarly situated Massachusetts residents, the Honorable Nancy Gertner has granted class certification, clearing the way for a landmark trial against Philip Morris. The case is unique in that the plaintiffs are not seeking money damages and they do not have symptoms of lung cancer. Instead, they are seeking a medical monitoring program which would allow lung cancer to be detected while it is more curable. The medical monitoring program would utilize low-dose CT scans ("LDCT") rather than conventional x-rays. In its opinion released on June 24, 2010, the Court summarized evidence submitted by the plaintiffs, stating: "Prior technology, such as x-rays, was only able to identify lung cancer when it had reached an advanced stage. LDCT scans, however, can identify lung cancer at a much earlier stage, significantly increasing survival rates from about fifteen percent to eighty-five percent."

Although not covered by most insurance plans, the use of LDCT scanning to screen for the early detection of lung cancer is endorsed by many leading medical institutions worldwide, including members of an organization known as International Early Lung Cancer Detection Program (I-ELCAP), www.ielcap.org.

A motion to certify a class of Marlboro smokers residing in the State of New York remains pending in a similar lawsuit² filed in the United States District Court of the Eastern District of New York in Brooklyn.

Plaintiffs in both the Massachusetts and New York class actions are represented by class action attorneys Steve J. Phillips and Jerome H. Block of Levy Phillips & Konigsberg, LLP ("LPK"), a New York-based law firm, which has a 25-year history of handling complex personal injury litigation. In addition to its class action litigation team, the firm also has some of the leading birth defect lawyers and mesothelioma lawyers in the nation. The law firms of Thorton & Naumes, LLP, and Todd & Weld, LLP are serving as co-counsel in the Donovan case.

¹ The Massachusetts class action is Donovan et al. v. Philip Morris USA, Inc., Civil Action No. 06cv12234 (D. Mass);
² The New York class action is Caronia et al. v. Philip Morris USA, Inc., Civil Action No. 06-0224 (E.D.N.Y.).