HOME >> MEDICINE >> NEWS
Document destruction practices obliterate tobacco company defenses in critical Australian decision

McCabe v. BAT
An Australian grandmother dying from lung cancer and suing British American Tobacco (BAT) was awarded $700,000 (Australian or about $375,000 US) by a Melbourne jury. The jury only considered the amount of damages and not any liability questions because the trial judge found that BAT's document destruction activities made a fair trial impossible.

CASE BACKGROUND
Rolah Ann McCabe is a 51-year old woman suffering from the advanced stages of lung cancer. Her lawsuit sought compensatory, pain and suffering, and punitive damages against British American Tobacco Australia Services Limited (formerly WD and HO Wills), the Australian subsidiary of tobacco giant BAT. She smoked Escort and Capstan brands. Ms. McCabe alleged that BAT Australia, itself or through its predecessor and affiliated companies, knew that cigarettes were addictive and dangerous to health, and by its advertising targeted children to become consumers. She charged that BAT Australia, knowing the dangers of addiction and to health of consumers, took no reasonable steps to reduce or eliminate the risk of addiction or the health risks, and ignored or publicly disparaged research results that indicated the dangers to health of smoking.

Ms. McCabe allowed her punitive damages claims to be voluntarily dismissed because her health was such that she might not survive to the end of the trial were those additional claims to be presented. Had she died prior to the jury's verdict, monetary recovery would have been substantially reduced under Australian law. Due to the circumstances of the case, one can only assume that she would have likely succeeded had those claims gone to the jury.

The trial was held in the Supreme Court of Victoria at Melbourne with Justice Geoffrey Eames presiding. After four hours of deliberation, the jury returned its verdict in favor of Ms. McCabe.

Document Destruction Sanctions
The plaintiff's attorney (known as a barris
'"/>

Contact: Christine Phelan
c.phelan@neu.edu
617-373-5455
Northeastern University
11-Apr-2002


Page: 1 2 3

Related medicine news :

1. Studies yield key insights in preventing destruction of insulin-producing cells
2. Prostate cancer screening practices examined
3. NJIT chemistry professor edits text outlining best laboratory practices
4. Branding practices in rural India should be banned
5. Certain gun storage practices can reduce risk of youth firearm injuries, suicide
6. A penny a month could bolster kids immunization practices
7. AAPA survey shows physician assistants increasingly employed in medical practices
8. Latest child neurology practices and studies presented at daylong briefing
9. Physicians and dentists play important role in smoking practices of the elderly
10. Maternal feeding practices are linked to childhood obesity
11. Hartford Institute sponsors SNAPP initiative to bring best practices to non-geriatric nurses

Post Your Comments:
(Date:11/22/2014)... (HealthDay News) -- The wide variety and complexity of ... for people with food allergies, an expert warns. ... types of food allergies that it can be really ... Guha Krishnaswamy, director of allergy and clinical immunology at ... news release. "If you know you have food ...
(Date:11/22/2014)... (PRWEB) November 22, 2014 Hastings and ... decades of experience announces providing clients with the option ... firm offers clients a flexible, intuitive and easy to ... with having access to Google + allows clients to ... to make a more informed decision when retaining an ...
(Date:11/22/2014)... November 22, 2014 Sandbridge Capital, ... investments in the consumer brand sector, acquired a ... will be used to help fund BackJoy’s global ... rollout, particularly its proprietary apparel and footwear lines. ... BackJoy’s Board of Directors. , BackJoy is a ...
(Date:11/22/2014)... 2014 Wright & Schulte LLC reports ... have been scheduled between October 2016 and April ... Illinois. U.S. District Judge Matthew F. Kennelly, who is ... Order (CMO) on November 6, 2014 that outlined the ... submit documents and other activities in preparation for the ...
(Date:11/22/2014)... Nov. 21, 2014 (HealthDay News) -- Those air-blown hand ... than conventional paper towels, a new study suggests. ... the hands of volunteers in order to simulate poorly ... high-powered "jet-air" dryers or paper towels to dry their ... found higher amounts of germs around both types of ...
Breaking Medicine News(10 mins):Health News:'Tis the Season of Challenges for Those With Food Allergies 2Health News:Hastings and Hastings Announces Providing Clients with the Option of Leaving an Online Review Using Google + 2Health News:Hastings and Hastings Announces Providing Clients with the Option of Leaving an Online Review Using Google + 3Health News:Sandbridge Capital Acquires a Minority Stake in BackJoy 2Health News:Sandbridge Capital Acquires a Minority Stake in BackJoy 3Health News:First Bellwether Trials Scheduled In AndroGel Side-Effects Lawsuits Reports Wright & Schulte LLC 2Health News:First Bellwether Trials Scheduled In AndroGel Side-Effects Lawsuits Reports Wright & Schulte LLC 3Health News:First Bellwether Trials Scheduled In AndroGel Side-Effects Lawsuits Reports Wright & Schulte LLC 4Health News:Restroom Hand Dryers Spread More Germs Than Paper Towels, Study Finds 2
(Date:11/21/2014)... and VIENNA, Va. , Nov. ... care provider that operates in Southern California ... provider of remote caregiving technology. Alta will be providing ... client receiving homecare services. Logo - ... is the key to providing the kind of affordable ...
(Date:11/21/2014)... 21, 2014  Heated dialogue in recent months about ... cancer treatments to Gilead,s new hepatitis C drug Harvoni® ... world questioning what it means to put a price ... And while drug pricing is one of the ... both a general business and ethical standpoint – it ...
(Date:11/21/2014)... MELVILLE, N.Y. , Nov. 21, 2014 ... one of the world,s largest health care services companies, ... the world,s largest provider of health care products and ... today announced that the companies have entered into a ... comprehensive service and product offerings to office-based medical practices.  ...
Breaking Medicine Technology:Alta Home Care, Inc. and BeClose Partner to Enable Seniors to Remain in Their Homes Safely and Securely 2"The Price of Global Health" Tackles Worldwide Drug-Pricing Debate 2"The Price of Global Health" Tackles Worldwide Drug-Pricing Debate 3"The Price of Global Health" Tackles Worldwide Drug-Pricing Debate 4"The Price of Global Health" Tackles Worldwide Drug-Pricing Debate 5Cardinal Health And Henry Schein Enter Into Long-Term Strategic Agreement To Serve Physician Offices 2Cardinal Health And Henry Schein Enter Into Long-Term Strategic Agreement To Serve Physician Offices 3Cardinal Health And Henry Schein Enter Into Long-Term Strategic Agreement To Serve Physician Offices 4Cardinal Health And Henry Schein Enter Into Long-Term Strategic Agreement To Serve Physician Offices 5
Cached News: