Smoking gun

Kelley could regain Medicaid dollars

Along with more than 20 of his counterparts, Michigan Attorney General Frank Kelley has trained his cannons on the wobbling tobacco industry, seeking to recoup damages to the state's Medicaid bills. In his original lawsuit, Kelley sought to have tobacco companies recompense the state for approximately $4 billion for past and future medical-care bills related to smoking-induced cancers and illnesses among low-income state residents. In addition, Kelley asked for $10 billion in punitive damages. If successful, Kelley's suit could set a good precedent by damaging the tobacco industry's insistence that smoking is not a health risk.

Last week, the lawsuit arrived in Ingham County Circuit Court. Judge Lawrence Glazer struck down the punitive damages clause along with various antitrust allegations. However, Glazer established a strong precedent by allowing the tobacco industry's failure to admit to the health hazards of smoking can lead to legal action against them by the state.

The battle over tobacco has fermented for many years. Individuals have tried to sue giant tobacco corporations, such as Phillip Morris and R.J. Reynolds, for large health-care bills caused by their smoking habits. In most cases, tobacco companies, backed by an impressive array of lawyers, won by using the same arguments plaintiffs used to defend their habit for many years - that the act of smoking is an exercise of a person's free will. Some plaintiffs won minor victories but tobacco companies never budged from their official belief that nicotine is not addictive and that tobacco has not been fully proven to cause cancer - until earlier this year. In March, the Liggett Group came forward with a confession that nicotine was addictive - a first in the tobacco industry.

The Surgeon General's warning - on all tobacco products for more than 25 years - informs people of the harmful and addictive qualities that tobacco products possess. However, the tobacco industry never admitted to the health consequences smoking can cause instead defending itself from those who might besmirch the Marlboro Man - a ridiculous idea that puts the bottom line before consumers' health.

Armed with the Liggett Group's confession and information gathered by the Food and Drug Administration during former attacks on the tobacco industry, numerous state attorneys general pressed cases against tobacco companies. Most, including Kelley, seek monetary damages for costs incurred by states in caring for tobacco's low-income victims. While smokers' health problems result from a voluntary act, the state should work to recover financial damages resulting from high Medicaid bills caused by the tobacco industry's products.

Should Kelley win, the tobacco industry would have to confess to the health dangers involved with smoking. In addition, it would set up educational programs that would help inform state residents about those dangers. A victory by Kelley would help all state residents. His lawsuit would help compensate the state's coffers and holds much promise to force the tobacco industry into admission of the consequences associated with smoking - he must pursue it to ensure that the tobacco industry faces penalties for its repeated denial.

06-04-97