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Episode 049: Jerome Block & Mike Shepard │Summerlin v. Philip Morris USA Inc, RJ Reynolds Tobacco Company and Hampden Automotive Sales Corporation│ $43.1 million verdict

This week, your hosts Steve Lowry and Yvonne Godfrey interview Jerome Block of Levy Konisberg LLP ( https://www.levylaw.com/ ) and Mike Shepard of Shepard Law ( https://shepardlawfirm.com/ )

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Case Details:

Levy Konigsberg LLP partner Jerome Block and Shepard Law founder Mike Shepard explain how they worked together to try this first lung cancer case against tobacco and asbestos product companies for claims of exposure. Their client, Louis Summerlin, became addicted to menthol cigarettes before the first official health warnings were issued in 1966. Despite the fact that RJ Reynolds Tobacco Company knew their cigarettes were addictive and could cause lung cancer, the company continued to market their products, which contained nicotine levels far beyond the addiction threshold and failed to properly address potential health hazards. Years of smoking menthol cigarettes, in combination with nearly 25 years of exposure to asbestos-lined brakes while working as an auto mechanic, resulted in Summerlin suffering the synergistic effect of two major causes of lung cancer: cigarette smoke and asbestos. He died as a result. A Boston jury returned a verdict of $43.1 million, including $13.1 million for Summerlin’s family and $30 million in punitive damages against RJ Reynolds.

Read/Download the Complete Trial Documents

Guest Bio:

Jerome H. Block

Jerome (Jerry) Block is a partner at Levy Konigsberg LLP and specializes in representing people diagnosed with asbestos-related diseases including mesothelioma (cancer caused by asbestos exposure) and lung cancer (cancer caused by both asbestos exposure and smoking). Jerry is one of the only attorneys in the United States to have won multiple jury verdicts against both the asbestos and tobacco industries. Jerry is a fierce and passionate advocate who views his cases as battles for public health.

Jerry tries his cases in courtrooms throughout the country and has successfully defended his jury verdicts on appeal in courts including the United States Court of Appeals for the Second Circuit, the New York Appellate Division and the Delaware Supreme Court. Jerry’s mastery of the law and rules of evidence have resulted in an extraordinarily high winning percentage at trial and the rare distinction of never having a jury verdict reversed on appeal.

Over the course of his career, Jerry has obtained hundreds of millions of dollars in jury verdicts and pre-trial settlements. Jerry is known for his willingness to take on the most challenging cases and has won trials against numerous large corporations who made asbestos, talc and/or tobacco products including (in alphabetical order): American Tobacco Company, Anaconda-Ericsson, Brown & Williamson, Dana Corporation, Exxon-Mobil, Ford Motor Company, Foster-Wheeler, Hobart Brothers, John Crane, Inc., Johnson & Johnson, Johnson & Johnson Consumer, Inc., Johnson Controls, Lincoln Electric, National Grid, Okonite, Philip Morris, R.J. Reynolds Tobacco Company, and Spirax Sarco.

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Michael Shepard

I founded Shepard Law on the principle that personal relationships matter. We represent real people who are suffering from serious injuries. Our clients usually aren’t familiar with the way the legal system works—they never planned to be dealing with the problems that they suddenly have to face. They want someone to talk to them in plain language like a real person, someone who will listen to their story and who understands what they’re going through. They want to be heard—to get help tailored to their unique situation, not be treated like an asset that’s passed off to another law firm. I’ve made it a personal promise that no client will ever feel that way when they work with myself or any of the attorneys at Shepard Law.

For over 25 years, I’ve represented plaintiffs in personal injury cases. And every year, my firm achieves millions of dollars in verdicts or settlements for clients. Along the way, I’ve come to know wonderful people who have gone through some extremely difficult ordeals. I’ve had the chance to spend time with WWII veterans, construction workers, mechanics, and folks from many other trades and occupations whom I might not have had a chance to meet, let alone help, had I chosen another career path. I’ve learned something from each and every one of them.

If you choose to partner with us at Shepard Law, I look forward to learning something from you too.

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Free Resources:

Stages Of A Jury Trial - Part 1

Stages Of A Jury Trial - Part 2