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#1 care23

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Posted 07 March 2012 - 09:55 AM

Can you sue for small cell lung cancer caused by tobacco use?  My mother was currently diagnosed and it is in both lungs, her brain and adrenal glands.  She can no longer work and needs 24 hour care.  Does she have the right to sue?

#2 FindLaw_AHK

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Posted 08 March 2012 - 07:39 AM

Who would your mother like to file suit against? Did your mother know that smoking tobacco causes such cancer?


#3 care23

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Posted 08 March 2012 - 10:30 AM

No she didn't no that it cause small cell she didn't realize it would fill up both of her lungs, adrenal glands, and her brain.


[This post has been moved to the appropriate discussion. - Moderator]


#4 pg1067

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Posted 09 March 2012 - 04:48 AM

http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; MARGIN: 0.5em; COLOR: #666; LINE-HEIGHT: 1.5em; PADDING-TOP: 0.5em; BACKGROUND-REPEAT: no-repeat; FONT-STYLE: italic; BACKGROUND-COLOR: #f5f5f5">care23 said...

Can you sue for small cell lung cancer caused by tobacco use?

Anyone can sue anyone for anything.


However, even if she could make a causal connection between her cancer and her smoking, there are numerous obstacles to any successful lawsuit, the most obvious is the fact that she made a voluntary decision to smoke.  I don't know how old your mother is or when she started to smoke, but the adverse health effects of cigarettes have been well known, and warnings have been mandatory on ever pack, for nearly 50 years.  Additionally, a number of individual and class action suits against tobacco companies have already been litigated, leaving little room for anything new (I would suggest googling things like "lawsuits against tobacco companies" or "lawsuits filed by cigarette smokers").


All that said, your mother certainly can consult with a local attorney.



#5 pg1067

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Posted 09 March 2012 - 04:54 AM

http://forums.prospe.../0/5/quote.icon); PADDING-BOTTOM: 5em; MARGIN: 0.5em; COLOR: #666; LINE-HEIGHT: 1.5em; PADDING-TOP: 0.5em; BACKGROUND-REPEAT: no-repeat; FONT-STYLE: italic; BACKGROUND-COLOR: #f5f5f5">care23 said...

No she didn't no that it cause small cell she didn't realize it would fill up both of her lungs, adrenal glands, and her brain.


Cancer has been specifically mentioned in cigarette warning labels since at least 1985.  It doesn't matter if she didn't know specifics about what type of cancer or the various and sundry nasty things that result from having cancer.


As someone who has lost two immediate family members to cancer, I am sympathetic to what your mother and your family are going through.  However, at some point, your mother, like every other person who has smoked in the last 50  years, obviously decided -- either consciously or unconsciously -- that whatever pleasure is derived from smoking was more important to her than the possible consequences.



#6 care23

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Posted 09 March 2012 - 05:06 AM

Thank you for your replies.... i would like to add my mother did quit smoking years ago.  She had this for awhile and didn't know it but any way thank you for your follow up answers.  




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