Millions Won Against R. J. Reynolds for Loss of Larynx

The Norwich bulletin:

An Norwich woman who suffered from larynx cancer has been awarded $8 million in a lawsuit brought against the maker of Salem cigarettes, the first victory over a tobacco company in New England, her lawyer said.

Barbara Izzarelli, 49, had her cancerous larynx removed in 1997 after smoking for about 25 years. She filed a suit in 1999, claiming the R.J. Reynolds Tobacco Co. made a dangerous and defective product, designed cigarettes to addict its users and acted with reckless disregard for the safety of consumers.

On Wednesday, a federal court jury in Bridgeport agreed with her.

Her lawyer, David S. Golub, of Stamford, called it a landmark case, the first smoker’s suit to come to trial in Connecticut.

“This is a very significant disability,” Golub said. “And 95 percent of all larynx cancer is linked to smoking.”

“There were times I never thought this was going to happen,” Izzarelli said Thursday. “I hope this is a lesson for tobacco companies.”

Izzarelli, who has four children, must breathe through a tube in her throat. She cannot eat solid food or smell. She can function most ways, such as driving, shopping and other things, but cannot work.

“I can’t go anywhere there could be chemicals or dust,” she said.

Golub used R.J. Reynolds documents stating that the company needed to set nicotine levels in cigarettes in such a way as to “assure consumers for 25 years.” He also established that Reynolds marketed to young consumers.

“Barbara Izzarelli was targeted by Reynolds when she was 12 years old with a product specifically designed to addict her,” Golub said in his closing argument.

The jury set Izzarelli’s damages at more than $13 million, but assigned 58 percent of the guilt to the company and 42 percent to Izzarelli, reducing her total to $8 million.

One of the key witnesses in the case was Dr. Thomas Lesnik, of Norwich, an ear, nose and throat surgeon.

Lesnik could not be reached for comment Thursday.

The Associated Press quoted an R.J. Reynolds spokesman as saying the company was disappointed and planned to appeal. Company spokesman David Howard could not be reached for comment Thursday.

Still at issue is the amount of punitive damages, which could be as high as $16 million under federal law.