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:1/20/2017)... ... ... Michael and Betsy Brauser celebrated 5 years of Betsy’s participation in a ... has been life-saving as she has been on the trial for more than six ... ovarian cancer in 2009. She underwent standard chemotherapy but a year later went to ...
(Date:1/20/2017)... ... , ... “Mary Magdalene: Grace is Greater than Sin”: a unique and ... Christ firsthand. “Mary Magdalene: Grace is Greater than Sin” is the creation of published ... with countless women who had little knowledge of the female characters portrayed in the ...
(Date:1/20/2017)... ... January 20, 2017 , ... “I Forgive You”: a fine examination of how ... You” is the creation of published author, Stephen Miller, who, for over ten long years ... given to him. Born in Trinidad and Tobago, he has been serving the Lord for ...
(Date:1/20/2017)... ... ... and enchanting tale that teaches children the true meaning of Christmas. “Journey to Christmas” is ... a devoted woman of faith. , “Becoming a parent changes you. In my case, ... for years, but actually doing it might have been a while in coming if it ...
(Date:1/20/2017)... ... 2017 , ... “God's Miracle Man: Against All Odds”: an inspiring affirmation ... author, Keith C. A. Tucker, son of Minister Delores Pinnock and a Jamaican native ... Mark Hardy , “While sitting up in bed, I felt a pounding headache. It ...
Breaking Medicine News(10 mins):
(Date:1/19/2017)... , Jan. 19, 2017 Report Details ... Devices Market? Which areas are going to grow at ... revenues to 2026, assessing data, trends, opportunities and prospects. ... graphs. Discover the most lucrative areas in the industry ... you assess forecasted sales across the all the major ...
(Date:1/19/2017)... WASHINGTON , Jan. 19, 2017 Conference Call and ... VNDA ) today announced it will release results for the ... market closes. ... Vanda will host a conference call at 4:30 PM ET on ... quarter and full year 2016 financial results and other corporate activities. ...
(Date:1/19/2017)... 19, 2017 Many patients don,t realize that ... when a pharmacy just a few blocks away charges ... this problem Medicationdiscountcard.com has created a price ... how much their medication will cost at most nearby ... Medicationdiscountcard.com takes all of ...
Breaking Medicine Technology:
Cached News: