A West Virginia jury rejected most of a consolidated suit filed on behalf of more than 600 people against five tobacco companies, a verdict one defence counsel hailed as a near complete victory.

Jurors in Kanahwa County Circuit Court took less than four hours on 15 May to toss out five of six faulty product claims against R.J. Reynolds, Brown & Williamson, American Tobacco Co., Philip Morris USA and Lorillard. A claim that filters on cigarettes manufactured in the 1960s were faulty was upheld, which opens an avenue for some plaintiffs to continue litigating, according to the law firm Thompson Coburn.
"This is a great victory for Lorillard and the other defendants," said Thompson Coburn's Mike Minton, the lead attorney for Lorillard. The month-long trial was the fourth attempt to adjudicate the claims of 600 to 700 plaintiffs. Three earlier trials ended in mistrials, Thompson Coburn said in a statement.
Some individual plaintiffs have the opportunity to pursue their cases. However, only individuals who smoked ventilated filter cigarettes between 1964 and 1969 may pursue claims, said Murray Garnick, Altria Client Services senior vice president. Philip Morris USA is a subsidiary of Altria.
“We believe that the jury appropriately rejected the plaintiffs’ claims for design defect, negligence, failure to warn, breach of warranty, and concealment and refused to find that any of PM USA’s conduct warranted punitive damages,” Garnick said in a statement.
(In re: Tobacco Litigation (Individual Personal Injury Cases), Case No. 00-C-5000) (ci)