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:
*Name:
*Comment:
*Email:


(Date:10/13/2017)... ... October 13, 2017 , ... Dickinson ... offers insurance and financial preparation services, is providing an update on a charitable ... , Rock City Rescue is a locally recognized nonprofit that provides shelter and ...
(Date:10/13/2017)... ... October 13, 2017 , ... PurhealthRX , a leading Health ... technology. Applying the Purzorb™process to full spectrum CBD oil will revolutionize the rapidly growing ... form that can be easily incorporated into liquid products, while reducing costs to end ...
(Date:10/13/2017)... N.J. (PRWEB) , ... October 13, 2017 , ... The ... Holly Day Market. Featuring a collection of specialty vendors and unique items from across ... personalized and quality-focused health and wellness services offered by the VNA. The boutique ...
(Date:10/13/2017)... VA (PRWEB) , ... October 13, 2017 , ... ... of DevOps and Agile Software Development, has been awarded a contract by the ... Blanket Purchase Agreement (BPA) aims to accelerate the enterprise use of Agile methodologies ...
(Date:10/12/2017)... ... , ... Planet Fitness, one of the largest and fastest growing franchisors and ... flagship location in Covington, LA at 401 N. U.S. Highway 190, in January of ... Depot in the Holiday Square shopping center. Its location allows it to serve both ...
Breaking Medicine News(10 mins):
(Date:10/11/2017)... -- Hill-Rom Holdings, Inc. ("Hill-Rom") (NYSE: HRC), today provided an ... Puerto Rico , where the company ... Following a comprehensive onsite assessment, ... damage, temporary loss of power and minimal water damage ... operations have resumed, and the company expects to return ...
(Date:10/10/2017)...   West Pharmaceutical Services, Inc. (NYSE: WST), ... administration, today shared the results of a study highlighting ... intradermal administration of polio vaccines. The study results were ... 2017 by Dr. Ondrej Mach , Clinical Trials ... (WHO), and recently published in the journal Vaccine. ...
(Date:10/5/2017)... Oct. 5, 2017  In response to the ... and Maxillofacial Surgeons (AAOMS) released prescribing recommendations that ... be used as a first-line therapy to manage ... Recognizing the value and ... Paper "Opioid Prescribing: Acute and Postoperative Pain Management" ...
Breaking Medicine Technology:
Cached News: