Nathan Cohen began smoking in 1940, at the age of 14, and continued all his life.  Mr. Cohen was not diagnosed with cancer until May of 1994, and died shortly after of a smoking-related illness later that year. Mr. Cohen’s widow, Robin Cohen, claimed wrongful death and sought compensatory and punitive damages.

The courtroom video below presents a key moment in the case. Defense attorney, Stephanie Parker, cross-examines Dr. Gary M. Straus and emphasizes there was no radiology report that states Mr. Cohen had cancer in his lungs until May of 1994.  Dr. Straus argues a radiologist would not make a diagnosis if there is not an obvious cancer or mass shown in the films.  Parker then restates that there was no medical record that indicated there was cancer in Mr. Cohen’s lungs up until 1994.  Dr. Straus then conceded that this was the case.

The defense on behalf of  RJ Reynolds attempted to argue that Mr. Cohen died as a result of cancer of the pleura. This means that a lung cancer was not caused by smoking. However, the jury decided that Mr. Cohen’s cause of death was lung cancer, and awarded monetary damages to Mrs. Cohen for a total of $30 million.

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