et al. v. Philip Morris Incorporated Broin et al.

Norma R. Broin was an airline stewardess for American Airlines since 1976. She did not smoke cigarettes, but at age 32 contracted lung cancer. Her story, unfortunately, was not unique among airline attendants in general, with many experiencing various forms of cancer and serious respiratory illnesses in the prime of life. In October of 1991, Norma Broin and her husband, Major Mark L. Broin of the U.S. Marine Corps, and over 25 other flight attendants and family members, filed a federal class action lawsuit. The suit was filed in the Eleventh Judicial Circuit in Dade County, Florida, against Philip Morris, several other cigarette makers, and two tobacco trade groups. All were involved in the manufacturing, distributing, and selling of cigarettes throughout the United States. The complaint was initially dismissed in May of 1992 but was reinstated after appeal by the attendants.

In May of 1994, Broin filed another revised complaint charging that exposure to secondhand tobacco smoke in airline cabins caused flight attendants to suffer from various diseases and health disorders. Broin contended the companies made dangerous and poisonous products that seriously harmed innocent bystanders. In essence, the companies, Broin charged, were guilty of conspiracy and fraud in withholding and suppressing important scientific information from the public. For over 25 years important health information had been known to the companies, yet, according to Broin, they continued to market their dangerous products through numerous popular merchandising programs. The tobacco companies denied any wrongdoing, and asserted the lawsuit was inappropriate under Florida civil law procedures.

However, in December of 1994 Judge Robert P. Kaye certified the case a class action status. The class consisted of all nonsmoking flight attendants, approximately 60,000 individuals, currently or formerly employed by airline companies based in the United States who suffered from diseases and disorders attributed to their exposure to secondhand cigarette smoke in airline cabins. Health conditions listed in the claim included various cancers, including of the lung, larynx, oral cavity, esophagus, bladder, kidney, pancreas, stomach, cervix, and breast, in addition to various respiratory problems, pregnancy complications, infant mortality, and infertility. Major Broin claimed the loss of comfort and companionship of his wife.

The tobacco companies appealed the class action status but the Third District Court of Appeal affirmed the status in January of 1996. The companies then sought to block the suit by appeal to the Florida Supreme Court, but a review was denied.

Judge Kaye split the trial into two stages. Stage I would concentrate on questions common to the airline employees such as the general connection between smoking and diseases experienced by nonsmokers and general conduct of the tobacco companies. Stage II would focus on individual attendants and their proof of injury. To ultimately receive damage awards, the airline attendants would have to personally present specific evidence in the Miami court, then wait until all other attendants had presented their cases and final rulings were issued, and all appeals were completed.

Stage I proceedings began in June of 1997 with jury selection. The flight attendants then presented their arguments and evidence to the jury until late September. Testimony for the defendants included appearances by two former U.S. Surgeons General and top physicians, researchers, and aircraft designers. Testimony claimed cigarette smoke contained lead, formaldehyde, benzene, and numerous other known cancer-causing chemicals. The tobacco companies then began their response claiming the attendants suffered diseases no more frequently than the general public and the amount of secondhand smoke they inhaled was minor. The companies contended that flight attendants spent only around 12 hours a week closed in airline cabins. A surprising acknowledgment of the harm of cigarettes came during the trial when cigarette manufacturer Liggett admitted that smoking was addictive and causes lung cancer and many other diseases. Such admission was the first historically from a member of the tobacco industry. But, before completing their presentations a settlement was unexpectedly reached with the attendants on 10 October 1997. Settlement had been reached before any interim court decisions as a request by both sides had been made by Kaye. Kaye found the proposed settlement agreement fair and reasonable pending further discussions at a final settlement hearing.