Lung Cancer News:

Australian Smoker, 51, With Lung Cancer Wins Tobacco Lawsuit

A 51-year-old woman in the latter stages of lung cancer has become the first Australian smoker to win a lawsuit against an international tobacco company.

London-based British American Tobacco has been ordered to pay Rolah Ann McCabe $372,000 for pain and suffering, medical and home care expenses, loss of earnings, as well as her legal costs. A claim for punitive damages was dropped in order to expedite the trial.

McCabe was diagnosed with lung cancer in 1999. Physicians testified that she would likely die before the end of 2002.

The tobacco firm and its lawyers were caught destroying up to 30,000 documents related to the case under the guise of "housekeeping." The court reportedly threw out the tobacco company's entire defense after learning of the document destruction. The documents were reported to be records confirming the health risks of smoking.

Accusations against tobacco companies for destroying potentially damaging documents has gone on for years but it has never before been so fully substantiated.

British American Tobacco has stated it will appeal the decision.

Source: Medical Week staff, week of April 28, 2002