Academic journal article Defense Counsel Journal

Recovery of Health-Related Expenses Proving Elusive

Academic journal article Defense Counsel Journal

Recovery of Health-Related Expenses Proving Elusive

Article excerpt

TOBACCO WARS

The U.S. Court of Appeals for the District of Columbia Circuit, joining seven other circuits, held that the claims of a union health and welfare fund and of three foreign nations against cigarettes manufacturers to recover costs allegedly incurred in paying for health care for individual smokers are too remote, contingent, derivative and indirect. Service Employees International Union Health and Welfare Fund v. Philip Morris Inc., 2001 WL 535977, decided May 22.

The other circuits reaching a similar conclusion in similar cases are:

* Second Circuit-Laborers Local 17 Health and Benefit Fund v. Philip Morris Inc., 191 F.3d 229 (1999).

* Third Circuit-Steamfitters Local No. 4 420 Welfare Fund v. Philip Morris Inc., 171 F.3d 912 (1999), and Allegheny General Hospital v. Philip Morris Inc., 228 F.3d 429 (2000).

* Fifth Circuit-Texas Carpenters Health Benefit Fund v. Philip Morris Inc., 199 F.3d 788 (2000).

* Seventh Circuit-International Brotherhood of Teamsters v. Philip Morris Inc., 196 F.3d 818 (1999).

* Eighth Circuit-Lyons v. Philip Morris Inc., 225 F.3d 909 (2000).

* Ninth Circuit-Oregon Laborers-Employers Health and Welfare Trust Fund v. Philip Morris Inc., 185 F.3d 957 (1999); Association of Public Hospital Districts v. Philip Morris Inc., 241 F.3d 696 (2001); Regence Blueshield v. …

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