The $28 Billion Punitive Verdict Against Philip Morris, the Largest Award to a Single Plaintiff in U.S. History, Remitted to $28 Million by the Trial Court and Ultimately Resolved at $13.8 Million After a 2009 Punitive Retrial Affirmed on Appeal in 2011
After trial: Remitted to $28 million by the trial court; after a 2008 reversal, a 2009 punitive retrial awarded $13.8 million, affirmed in 2011. Betty Bullock died in 2003.
Won by Law Offices of Michael J. Piuze.
On October 4, 2002, a Los Angeles jury ordered Philip Morris to pay Betty Bullock, a 64-year-old Newport Beach woman dying of lung cancer after 45 years of smoking the company's cigarettes, $28 billion in punitive damages on top of $850,000 in compensatory damages. It remains the largest verdict ever returned for a single plaintiff in U.S. history. The honest frame: the trial court remitted the punitive award to $28 million, Bullock died in February 2003, the punitive award was reversed on appeal in 2008, and on retrial in 2009 a second jury awarded $13.8 million, which the Court of Appeal affirmed in 2011. Michael J. Piuze tried the case; he died in 2020, and this page documents the case as part of the public record.
What happened
Betty Bullock of Newport Beach started smoking in 1956, when she was 17. She smoked Philip Morris's Marlboro brand until 1966, then switched to its Benson & Hedges brand and stayed with it for decades. In 2001 she was diagnosed with inoperable lung cancer, and in April 2001 she sued Philip Morris in Los Angeles Superior Court for negligence, product liability, and fraud, alleging the company had spent her entire smoking life denying and concealing what it knew about its product.
Her lawyer was Michael J. Piuze, the Los Angeles trial attorney who a year earlier had won a $3 billion verdict against the same company for smoker Richard Boeken. Trial began in August 2002. The jury first awarded Bullock $850,000 in compensatory damages, including $100,000 for pain and suffering. Then, on October 4, 2002, it answered the punitive damages question: $28 billion. No jury in American history had awarded more to a single plaintiff, and none has since.
What happened afterward has to be stated just as plainly, because almost none of that number survived. In December 2002 the trial court found the punitive award excessive and remitted it to $28 million, which Bullock accepted rather than face a new trial; Piuze called even that reduced figure a slap on the wrist for Philip Morris. An amended judgment of $28,850,000 was entered, and Philip Morris appealed. Betty Bullock did not live to see any of it resolved. She died of lung cancer in February 2003, months after the verdict, and her daughter Jodie Bullock carried the case forward as her successor.
The appeals ran for years. In 2008 the Court of Appeal reversed the $28 million punitive award and sent the case back for a retrial limited to the amount of punitive damages. In August 2009 a second Los Angeles jury heard the punitive case again and awarded $13.8 million, roughly sixteen times the compensatory award. Philip Morris appealed once more, and on August 17, 2011 the Court of Appeal affirmed the $13.8 million plus prejudgment interest, with the Law Offices of Michael J. Piuze listed as counsel for Bullock. The opinion described Philip Morris's decades of concealment and misrepresentation about smoking and cancer as extremely reprehensible conduct.
So the public record holds two numbers at once: a $28 billion verdict that stands as the historical high-water mark for a single plaintiff, and a $13.8 million judgment that is what Philip Morris actually paid. Both are true, and the distance between them is the story of a decade of post-trial litigation. Michael J. Piuze died in 2020. The verdict he won for Betty Bullock remains a fixture of tobacco litigation history, and this page preserves it as a documented court record rather than a promotion of any active practice.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.Bullock v. Philip Morris USA, Inc. (Cal. Ct. App., 2nd Dist., Aug. 17, 2011, No. B222596): affirms the $13.8 million punitive award from the 2009 retrial plus prejudgment interest; recites the 2002 verdict of $850,000 compensatory and $28 billion punitive, the remittitur to $28 million, and the reversal that ordered the punitive retrial; counsel listing names the Law Offices of Michael J. Piuze (Michael J. Piuze) for plaintiff and respondent
- 2.Thomson Reuters Legal blog on the October 4, 2002 award: Los Angeles jury orders Philip Morris to pay Betty Bullock, dying of inoperable lung cancer, $28 billion in punitive damages, the largest tobacco damages award ever issued in an individual case, on top of $850,000 in compensatory damages
- 3.NBC News (AP), August 2009: on the punitive damages retrial, a Los Angeles jury awards $13.8 million to Jodie Bullock, daughter of Betty Bullock, who died of lung cancer in February 2003 after the original $28 billion verdict was cut to $28 million by the trial judge
- 4.CBS News, 2009: retrial jury awards $13.8 million against Philip Morris to the daughter of Betty Bullock, who smoked the company's cigarettes for 45 years starting at age 17 and sued in April 2001 after her lung cancer diagnosis
More proven verdicts from Law Offices of Michael J. Piuze
In June 2001, after a nine-week trial, a Los Angeles jury awarded Richard Boeken, a Topanga man dying of lung cancer after four decades of smoking Marlboros, $5,539,127 in compensatory damages and $3 billion in punitive damages against Philip Morris, then the largest verdict ever won by an individual smoker. The honest frame: the trial court reduced the punitive award to $100 million, Boeken died in January 2002 at 57, the Court of Appeal cut the award to $50 million in 2004, and the judgment became final when the U.S. Supreme Court declined review in March 2006. Michael J. Piuze tried the case; he died in 2020, and this page documents the case as part of the public record.
Related product liability verdicts
Sullivan Papain was among the firms representing New York State against Philip Morris, R.J. Reynolds, Brown & Williamson, and Lorillard, securing a $25 billion recovery through the 1998 Master Settlement Agreement.
David Casey Jr. of CaseyGerry was appointed by Judge Charles Breyer as the sole San Diego attorney on the 22-member Plaintiffs' Steering Committee overseeing MDL 2672, the consolidated clean-diesel emissions fraud litigation that produced a $14.7 billion settlement against Volkswagen.
C. Steven Yerrid, the youngest of Florida's 11-lawyer 'Dream Team,' added racketeering and conspiracy charges that tripled the damages ceiling, helping the state secure what was then the largest civil settlement in American history against the tobacco industry.
Michael C. Maher's firm, Maher, Gibson & Guiley, P.A., was one of eleven private law firms appointed to the state's Peoples' Trial Advocates in Florida's Medicaid cost-recovery lawsuit against the major cigarette manufacturers, which produced an $11.3 billion settlement, the largest tobacco recovery by a single state in U.S. history at the time.