Tobacco Injury Attorneys

At Jeffrey Glassman Injury Lawyers, a leading Boston-based personal injury law firm, we have dedicated our practice to advocating for victims of negligence and corporate misconduct. Tobacco injury litigation remains a critical area of our work, as cigarette smoking continues to cause devastating health consequences for millions of Americans. Despite decades of public health warnings and regulatory efforts, tobacco companies persist in marketing addictive products that lead to severe illnesses like lung cancer, chronic obstructive pulmonary disease (COPD), emphysema, and heart disease. Drawing on our extensive experience in tobacco injury law, our attorneys aim to provide authoritative insights into recent developments, legal strategies, and how affected individuals in Massachusetts and beyond can seek justice.

Our firm's experience in this field is rooted in a deep understanding of product liability, fraud, and negligence claims against powerful corporations. As tobacco injury lawyers, we have handled complex cases involving defective products and deceptive practices, ensuring that our clients receive the compensation they deserve for medical expenses, lost wages, pain and suffering, and other related damages. This content is informed by reliable sources, including government reports, legal databases, and court records, to meet the highest standards of accuracy and trustworthiness.

Tobacco use is the leading preventable cause of death in the United States, responsible for over 480,000 deaths annually, according to the Centers for Disease Control and Prevention (CDC). Injured smokers often face life-altering conditions stemming from long-term exposure to harmful chemicals in cigarettes, such as tar, nicotine, and carcinogens. Recent studies underscore the ongoing crisis: a 2023 World Health Organization (WHO) report highlighted that despite global declines in smoking rates, tobacco-related diseases continue to surge in specific populations, with e-cigarettes and vaping adding new layers of risk.

For injured smokers, the litigation path begins with recognizing the causal link between tobacco products and their injuries. Courts have long established that cigarettes are inherently dangerous and addictive, as evidenced by landmark rulings. However, proving liability requires demonstrating that tobacco companies engaged in misconduct, such as concealing risks or targeting vulnerable groups. In the past three years, litigation has evolved to address not only traditional cigarettes but also emerging products like flavored vapes, which have caused acute injuries, including lung damage and explosions from defective batteries.

To contextualize recent cases, it's essential to review the historical waves of tobacco litigation. The first wave, in the 1950s and 1960s, saw individual plaintiffs suing manufacturers for failing to warn about health risks. Still, these efforts largely failed due to the industry's "assumption of risk" defense—arguing smokers knew the dangers. The second wave in the 1980s introduced product liability theories, but juries often sided with companies.

The third wave, beginning in the 1990s, marked a turning point. State attorneys general filed suits to recover Medicaid costs for treating smoking-related illnesses, culminating in the 1998 Master Settlement Agreement (MSA). This historic accord between 46 states (including Massachusetts) and major tobacco firms like Philip Morris and R.J. Reynolds required payments totaling over $200 billion, banned certain marketing practices, and funded anti-smoking campaigns. The MSA also dissolved industry groups, such as the Tobacco Institute, which had propagated misinformation.

Key cases from this era include Engle v. R.J. Reynolds Tobacco Co. (1994), a Florida class action that decertified the class but allowed individual "Engle progeny" lawsuits to proceed. By 2013, thousands of these cases had been filed, establishing precedents for fraud and conspiracy claims. Federal actions, such as United States v. Philip Morris USA Inc. (2006), found companies guilty of racketeering for deceiving the public about smoking's dangers.

These historical strategies, including delaying tactics and vilification clauses in settlements, as well as challenges to anti-tobacco campaigns, continue to influence modern litigation. For instance, tobacco firms have historically used lawsuits to burden public health initiatives financially, a pattern that persists today.

The past three years have seen a resurgence in tobacco injury lawsuits, driven by aging smokers developing illnesses and new evidence of corporate deceit. While the volume of cases has decreased from peak levels, verdicts and settlements remain substantial, reflecting the courts' growing recognition of the harms of tobacco. Nationally, personal injury claims focus on wrongful death, negligence, and fraud, with plaintiffs often citing concealed additives that enhance addiction.

In 2022, litigation trends emphasized individual suits stemming from historical class actions. For example, Florida's Engle progeny cases continued to yield verdicts, with a case list updated in May 2025 showing resolutions against R.J. Reynolds (RJRT) and Philip Morris USA (PMUSA) in early 2025, including voluntary dismissals and awaiting final orders. These cases typically involve smokers who developed cancer or respiratory diseases after decades of use, seeking compensatory and punitive damages.

A notable 2023 development was a Massachusetts court's $37 million award in a tobacco lawsuit, affirming liability for a smoker's cancer death. This case highlighted the viability of suits in states like Massachusetts, where statutes allow claims despite time limitations. However, the Massachusetts Supreme Judicial Court in July 2023 affirmed limits on particular wrongful death suits, dismissing allegations by widows whose husbands died from smoking-related causes, emphasizing strict statutes of limitations.

In 2024, tobacco litigation intensified, marked by regulatory challenges and settlements. The U.S. Fifth Circuit Court, in R.J. Reynolds Tobacco v. FDA (March 2024), addressed new warning-label requirements, upholding FDA authority but underscoring the ongoing industry resistance. On the injury front, a $40 million-plus verdict against Philip Morris and R.J. Reynolds in a smoker's death trial demonstrated juries' willingness to impose significant penalties. Another high-profile case resulted in a $91 million verdict against R.J. Reynolds, centered on allegations of fraudulent marketing.

Internationally influencing U.S. trends, a proposed $24 billion settlement in Canada (October 2024) with tobacco companies addressed health care costs and individual claims, potentially paving the way for similar U.S. resolutions. Vaping-related injuries also surged, with the CDC reporting explosions causing severe burns and lung damage.cdc.gov Juul faced multidistrict litigation, with settlements like $40 million to North Carolina, and ongoing suits for marketing to youth leading to addiction and injuries.

Entering 2025, Massachusetts stands out as a hotspot. Courts are poised for a busy year, with 10 tobacco cases slated for trial, nine of which involve the Public Health Advocacy Institute (PHAI). A February 2025 settlement by Philip Morris and Stop & Shop resolved a wrongful death suit over Marlboro cigarettes, where a Massachusetts woman died of lung cancer in 2022 after prolonged smoking. This case alleged failure to warn and defective design, resulting in compensation for the family.

Federal efforts include the FDA's proposed nicotine yield standard for cigarettes (January 2025), which aims to reduce addiction. This standard could spark new litigation if challenged. Supreme Court cases, such as FDA v. Wages and White Lion Investments (April 2025), have addressed e-cigarette regulations, potentially impacting injury claims.

These recent cases illustrate a shift toward holding companies accountable for both historical and emerging forms of harm. Verdicts often exceed $10 million, with punitive damages serving as a deterrent to future misconduct.

Injured smokers typically pursue claims under several legal theories:

• Product Liability: Arguing that cigarettes are defectively designed (inherently addictive) or manufactured with harmful additives. Recent cases cite concealed nicotine manipulation.
• Negligence and Failure to Warn: Companies were aware of the risks but failed to adequately inform consumers, especially before 1969, when federal warnings were not in effect.
• Fraud and Conspiracy: Deceptive marketing, such as "light" cigarettes being safer, or targeting minors. The MSA exposed such tactics.
• Wrongful Death: For families of deceased smokers, seeking damages for loss of companionship and financial support.

Vaping adds battery defect claims, with explosions causing traumatic injuries.

Statutes of limitations vary; in Massachusetts, personal injury claims must be filed within three years of discovering the harm, but proposed bills like S1139 (2025) aim to extend limits for tobacco-related deaths.

Massachusetts has a robust history under the MSA, receiving annual payments for public health. Recent activity makes it a favorable venue for suits, as other states tighten restrictions. The state's courts have handled numerous Engle-inspired cases, with the 2023 $37 million verdict signaling a strong trend in favor of plaintiffs.

Local factors include high smoking-related death rates and strict regulations, like the 2019 flavored tobacco ban, challenged but upheld. publichealthlawcenter.org. Injured smokers in Boston benefit from access to top medical experts at institutions like Massachusetts General Hospital, strengthening causation evidence.

At Jeffrey Glassman Injury Lawyers, we bring decades of experience to tobacco injury cases. Our Boston team investigates corporate documents, consults medical experts, and builds compelling arguments against tobacco giants. We operate on a contingency basis; no fees are due unless we secure a win.

If you or a loved one suffered from smoking-related injuries in the past three years, contact us today. Whether it's lung cancer from Marlboros or vaping lung injury, we fight for maximum compensation. Contact us online or call us at (617) 777-7777 for a free consultation. Justice is possible, and we're here to help you achieve it.