[Intl-tobacco] Ireland: Huge payout at stake as 300 sue tobacco giants (fwd)

[Robert Weissman]

Huge payout at stake as 300 sue tobacco giants
by Ray Managh and Eilish O'Regan
Source: Irish Independent, Thursday, 2/8/01

 MORE than 300 smoker lawsuits against the tobacco giants will spark one
of the biggest legal battles in the history of the state.

At least 12 of the country's top lawyers will line out against each other
in what promises to be an epic battle due to begin this summer.

   The tobacco multi-nationals being sued for millions of pounds by in
excess of 300 smokers have engaged the services of high profile senior
counsel.

   These include former Attorney General Dermot Gleeson, Paul Gallagher
and Turlough O'Donnell.

   This follows a similar move by tobacco firms in the US as they attempt
to field billion dollar lawsuits.

   It was learned yesterday that several leading Irish law firms have been
working for years in preparing their defence. These include A&L Goodbody,
McCann Fitzgerald, Arthur Cox and Matheson Ormsby Prentice.

    But Dublin solicitor, Peter McDonnell, who is taking the cases of 206
clients on a "no foal, no fee" basis, revealed he has also marshalled the
talents of a high-profile team.

    They include another former Attorney General John Rogers as well as
two tribunal veterans Eoin McGonigal and James Nugent, and Michael Cush,
Richard Nesbitt and Finbarr Fox.

   "These cases will run for several months and the legal bills alone will
run into millions," Mr McDonnell said. He began the first cases in 1997.

   He expects important headway to be made this year in the first two
cases.  These involve two women whose health has allegedly been seriously
affected by years of cigarette smoking.

   "Ireland is leading the way in Europe in tobacco company litigation.
This year there will be a large number of applications for discovery and
other preparatory motions and the cases will go to hearing early next
year," Mr McDonnell said.

    The firms being sued are PJ Carroll and Co Ltd, Rothman's of Pall Mall
(Ireland), Player Wills (Ireland) Ltd, Benson and Hedges and Gallagher's.

    "We will be proving that tobacco companies knew for 50 years that
their products were addictive and caused cancer. They have tried to
suppress this information for half a century," Mr McDonnell added. He
travels to the US once a month as part of the research. And a number of
leading law firms at the forefront of lawsuits in Minnesota are helping to
research the Irish defence among an avalanche of discovered documents.

    "There are 25 million documents in a massive warehouse and it is up to
myself to get the relevant material," Mr McDonnell.

   Since he began his crusade, he has drawn heart from the successes
chalked up against tobacco companies in the United States, where the State
of Minnesota was offered a settlement of $6.1bn after a 13-week hearing.

    A settlement was also reached on behalf of 50 States which received
$247 billion as compensation for the money spent treating people with
smoking related illnesses.

    The Dail Committee on Health and Children has now been granted extra
powers here to conduct a full investigation into the tobacco industry and
its report will be crucial in deciding if the Irish State should take a
case.

    The Irish suing the companies claim their health has been severely
affected by smoking while others are taking cases arising out of the
deaths of loved ones. "I have had 2,000 people coming forward and we have
screened them.  We expect many more to also seek to take proceedings. We
believe the tide is going with us," Mr McDonnell said.