$20.7 Million Verdict Against R.J. Reynolds in Massachusetts Tobacco Cancer Case

Joseph Reppucci started smoking in the early 1960s, before warning labels appeared on cigarette packs. Over the following decades he smoked R.J. Reynolds' Winston and Winston Light brands, eventually switching to Natural American Spirit varieties sold by Reynolds' subsidiary, Santa Fe Natural Tobacco Co. In 2018 he was diagnosed with oropharyngeal cancer, a cancer of the throat and base of the tongue.

Reppucci and his wife brought suit in Middlesex County Superior Court, alleging that the cigarettes were defectively designed and that Reynolds had engaged in negligent marketing, misrepresentation, and conspiracy to conceal the true risks of its products. DeMoulas Supermarkets, a retailer named in the suit, was cleared by the jury.

Trial ran from late October through late November 2023. Kevin Donovan of Rubenstein Law served as co-counsel for the plaintiffs alongside lead attorney Randy Rosenblum of Dolan Dobrinsky Rosenblum Bluestein and Meredith Lever of the Public Health Advocacy Institute. The defense was handled by John Walker and Jennifer Weizenecker of Jones Day.

The jury sided with the plaintiffs on all major claims. The award totaled $20,785,691, broken down as $14.4 million for Reppucci's pain and suffering, more than $685,000 for his medical expenses, and $5.7 million to his wife for her own losses. No reduction of the verdict on appeal was reported in coverage of the case.

Reppucci was 70 at the time of trial. He was ultimately unable to quit smoking until 2020, after a second cancer diagnosis, more than five decades after he first picked up the habit.