The Alvarez Law Firm has secured a significant courtroom victory on behalf of the family of a Florida woman who died from lung cancer following decades of cigarette smoking.
In Lipp v. Philip Morris, a Florida jury returned a $50 million verdict after a six-day retrial involving the death of Norma Lipp, who smoked Philip Morris’ Virginia Slims cigarettes for approximately 16 years. The jury found Philip Morris 75% responsible for Lipp’s disease, while allocating 25% of the fault to Lipp.
Attorney Alex Alvarez and Michael Alvarez of The Alvarez Law Firm represented the Lipp family and delivered the plaintiff’s closing argument.
Decades of Smoking and a Fatal Lung Cancer Diagnosis
Norma Lipp died from lung cancer in 1993 after smoking cigarettes for decades. Her family alleged that Philip Morris and its cigarettes played a significant role in her nicotine addiction and ultimately her cancer.
The case is part of Florida’s long-running Engle progeny litigation, which stems from a class-action lawsuit originally filed against major tobacco companies in 1994.
Engle progeny plaintiffs may benefit from certain findings made in the original litigation, including findings concerning the addictive and dangerous nature of cigarettes and tobacco companies’ conduct surrounding the risks of smoking. Individual plaintiffs, however, must still establish the elements required for their particular claims.
For the Lipp family, obtaining justice required years of litigation and multiple trips to the courtroom.
A Case Years in the Making
The path to the latest $50 million verdict was far from straightforward.
An initial trial was disrupted by COVID-related court shutdowns in 2020. In 2021, another jury returned a $43 million verdict for the Lipp family. That award was later reversed by Florida’s Third District Court of Appeal after the appellate court concluded that hearsay testimony had been improperly admitted.
The case then returned for another trial.
During the latest retrial, Engle class membership had already been resolved in the plaintiff’s favor. As a result, the six-day proceeding focused primarily on compensatory damages and how responsibility should be allocated between Lipp and Philip Morris.
The Alvarez Law Firm Presents the Family’s Case
A central issue at trial was Philip Morris’ argument that Lipp understood the health risks associated with smoking but continued to smoke.
The Lipp family presented a different picture.
During closing arguments, Alex Alvarez emphasized evidence concerning Lipp’s nicotine addiction and historical tobacco industry efforts that the plaintiff contended were designed to create uncertainty about the dangers associated with cigarettes.
The plaintiff’s case focused on how addiction can affect a smoker’s decision-making, particularly when paired with messaging that challenged or minimized information about smoking-related health risks.
After considering the evidence, the jury returned a $50 million verdict and assigned 75% of the responsibility to Philip Morris.
Continuing to Hold Powerful Corporations Accountable
The Lipp verdict adds to The Alvarez Law Firm’s record of results in complex tobacco and product liability litigation.
The firm has represented individuals and families in cases against some of the nation’s largest tobacco companies and has obtained numerous multimillion-dollar verdicts and settlements. The firm’s published case results include verdicts of $91 million, $50 million, $46 million, $45 million, $43 million, $41 million, and $40.5 million, among other significant results.
The latest verdict demonstrates the persistence that complex litigation can require. The Lipp family’s case continued through a court shutdown, a previous multimillion-dollar verdict, an appellate reversal, and another trial before reaching the latest result.
At The Alvarez Law Firm, our attorneys are prepared to devote the time, resources, and courtroom experience necessary to pursue accountability on behalf of individuals and families harmed by dangerous products and corporate misconduct.
Speak With The Alvarez Law Firm
If you or a loved one has suffered serious harm because of a dangerous or defective product, The Alvarez Law Firm can help you understand your legal options.
Our attorneys have extensive experience handling complex product liability and tobacco litigation against major corporations. Contact The Alvarez Law Firm today to discuss your case and learn how our team may be able to help.
Past results do not guarantee or predict a similar outcome in any future case. Each case is different and must be evaluated on its individual facts and circumstances.
