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:1/22/2015)... Woodloch Pines, an all-inclusive family resort ... TripAdvisor as the number one best large hotel for families ... world for their annual Travelers’ Choice Awards. , TripAdvisor ... website is home to millions of unbiased and honest traveler ...
(Date:1/22/2015)... VogueQueen is a seasoned and trusted leader who consistently ... thrilled to have it lead the wedding dress industry into ... prom dresses for the global market. , “The CEO of ... he focuses on continuing the goal of operational excellence and ...
(Date:1/22/2015)... Blue Cross and Blue Shield of Minnesota (Blue Cross) ... to “Live Fearless.” , The “Faces of Fearless” ... about how they or someone they know has faced a ... the moment. By telling these types of stories through livefearlessmn.com, ...
(Date:1/22/2015)... Juvent Sports ( http://www.juventsports.com ) and David ... Show to bestow a Juvent Sports Achievement award upon ... McKitrick. The award commemorated and congratulated McKitrick for her ... won her first amateur tournament in 1979 and most ...
(Date:1/22/2015)... 22, 2015 Autocarinsurancebest.com has released a new ... commercial auto insurance policy . , Auto insurance quotes ... It is no longer necessary to call an agent or ... available online on a single website: http://autocarinsurancebest.com/ . , ...
Breaking Medicine News(10 mins):Health News:TripAdvisor Names Woodloch Pines Best Hotel for Families in America 2Health News:TripAdvisor Names Woodloch Pines Best Hotel for Families in America 3Health News:VogueQueen Unveils New Designs of Prom Dresses for 2015 2Health News:Blue Cross and Blue Shield of Minnesota to Showcase “Faces of Fearless” 2Health News:All-Time Leading Female Amateur Golfer Arlene McKitrick Receives Juvent Sports Achievement Award at 2015 PGA Show 2Health News:All-Time Leading Female Amateur Golfer Arlene McKitrick Receives Juvent Sports Achievement Award at 2015 PGA Show 3Health News:Commercial Auto Insurance Provides Several Important Features! 2
(Date:1/23/2015)... Jan. 23, 2015  CytoSorbents Corporation (NASDAQ CM: CTSO), ... extracorporeal cytokine adsorber to reduce deadly inflammation in ... of $385,642, net of transaction costs, in non-dilutive ... Business Tax Certificate Transfer Program sponsored by the ...
(Date:1/22/2015)... 22, 2015  ViewRay™, a privately held medical device company, ... distributor agreement with ITOCHU Corporation (Tokyo Stock Exchange TYO: ... the treatment of cancer in Japan ... world,s first and only MRI-guided radiation therapy system that ...
(Date:1/22/2015)... AMGN ) today announced that it will report its ... 27, 2015, after the close of the U.S. financial markets. The ... community at 2 p.m. PT. Participating in the call from Amgen ... officer, and other members of Amgen,s senior management team. ...
Breaking Medicine Technology:CytoSorbents Receives $385,000 in Non-Dilutive Funding from the New Jersey Technology Business Tax Certificate Transfer Program 2CytoSorbents Receives $385,000 in Non-Dilutive Funding from the New Jersey Technology Business Tax Certificate Transfer Program 3ITOCHU Named the Exclusive Distributor for ViewRay's MRI-Guided Radiation Therapy System in Japan 2Amgen Announces Webcast of 2014 Fourth Quarter and Full Year Financial Results 2
Cached News: