Billion-Dollar Tobacco Verdict Upheld at $56 Million After SJC Review

Barbara Fontaine smoked Philip Morris cigarettes for more than four decades before she died of lung cancer. Her husband Armand brought a wrongful death lawsuit against the tobacco company, arguing that Philip Morris had placed dangerous, addictive products on the market while concealing what it knew about the health consequences.

The case went to trial in Middlesex County Superior Court in Woburn, Massachusetts in September 2022. Over a 14-day proceeding, the plaintiffs' legal team presented evidence that Philip Morris had developed ultra-low nicotine alternatives internally but continued marketing conventional cigarettes instead, while publicly downplaying addiction and cancer risks. The company also faced claims of fraud and conspiracy in addition to negligent design and breach of warranty.

The jury found Philip Morris liable on all counts and returned a verdict of $8 million in compensatory damages plus $1 billion in punitive damages. CVN, which covered the trial live, ranked the result third on its list of the ten most impressive plaintiff verdicts of 2022. Kevin Donovan of Rubenstein Law served as co-counsel alongside lead attorney Randy Rosenblum of Dolan Dobrinsky Rosenblum Bluestein.

After the verdict, Superior Court Judge Shannon Frison applied the constitutional cap on punitive damages, reducing the punitive award to $56 million, seven times the compensatory figure. Philip Morris appealed, contending the jury had been 'swept away by passion and prejudice' and seeking a new trial.

The Massachusetts Supreme Judicial Court rejected that argument in a unanimous April 2026 opinion authored by Justice Gabrielle Wolohojian. The court found 'virtually uncontested evidence showing Philip Morris's reprehensible conduct over decades,' including designing addictive products, targeting child audiences, and misleading the public about health dangers. The court noted that the jury's pointed questions and careful damage distinctions during deliberations contradicted any claim of bias. The $56 million judgment stands.