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SMOKER SHARES
Selling Shares in a Growth
Industry: Jury Awards for Cancer
October 11, 2002
by Tom Purcell
"Let me get this straight.
You're selling shares in your own body?"
"Precisely. If you buy shares
in my body, I will guarantee a return of several million dollars, possibly
billions, at some point in the future."
"You're going to have to explain."
"It's very simple. I smoke
three packs of cigarettes a day. The statistics show I'm likely to get
cancer or some other illness at some point. And then I'll have grounds
to sue."
"Wait one minute. How can you
sue later if you knew all along that smoking can kill you?"
"Ah, but a lifelong smoker
in California did just that. The 64-year-old woman was just awarded $28
billion."
"That's billion with a B!"
"Yep! She started smoking at
age 17. She knew it was bad for her. Her family and friends pleaded with
her to stop, but she chose not to. She eventually got lung cancer, sued
Phillip Morris and got a huge settlement."
"How did they arrive at $28
billion?"
"Juries are out to get tobacco
companies. This jury voted 11-1 that punitive damages against Phillip
Morris would be $1 million for each of the 28,000 people who die every
year from lung cancer."
"Well, it is true that tobacco
companies DID practice deceptive and misleading advertising many years
ago, when this woman was young. They did some slippery things, but $28
billion!"
"Pretty cool, huh!"
"Hold on, mister. For the last
three decades, the government has been all over tobacco firms. The truth
about smoking has been made clear to everyone. That California woman might
claim that deceptive advertising got her hooked, but you can't. How do
you expect to win in court?"
"Like O.J. Simpson, I have
a great deal of trust in our jury system. Besides, I have a contingency
plan in the unlikely event that the tobacco strategy doesn't pan out."
"I can't wait to hear this."
"In addition to smoking, I
now enjoy four or five meals a day at a variety of fast food restaurants.
Did you know that those companies use lots of fat to make their products
taste so good? I believe I'm becoming addicted to that fat."
"Oh, brother."
"And in between meals, I enjoy
a multitude of snacks. The average American convenience store is loaded
with them. There are the super-sized candy bars, the Big Grab bags of
chips and a variety of high-fat dogs, burritos and other items that are
delicious because the are so -"
"Addictive?"
"You're catching on, buddy.
Well, because of this high-fat content that is thrust upon an unsuspecting
public, more than 60% of Americans are obese. And obesity is the leading
cause of heart disease, diabetes and many other health ailments."
"You poor helpless soul."
"Well, we can't smoke and eat
excessively without drinking alcohol. Alcohol is also bad for one's health
when taken in excess, and I have no choice but to drink in excess because
alcohol is so -"
"Addictive?"
"Precisely!"
"Mister, whatever happened
to the concept of taking responsibility for one's own actions? Everyone
knows cigarettes are bad, so don't smoke or accept the consequences. Everyone
knows fast food makes you fat, so eat in moderation or get fat. And everyone
knows excess alcohol consumption is bad, so drink in moderation or risk
poor health. Where is your common sense?"
"What does common sense have
to do with anything! Look, the states sued tobacco companies because cigarette
smoking made people ill, which drove up each state's health care expenses.
Their case was simple: because tobacco companies sell products they know
to be injurious to health, they, not the government, should bear the expense
of health care made necessary by tobacco use."
"What is your point?"
"It didn't matter that every
smoker who got ill did so by his or her own hand. Heck, lawsuits against
fast food companies are already starting to happen. So how long will it
be before my ill health results in massive punitive damages against them,
too?"
"I hate to admit it, but your
insane logic is becoming sound in an insane world."
"America is a great country,
is it not! So, do you have any more questions about my strategy to sell
shares in my body?"
"Just one. How much can I buy
a share for?"
Tom
Purcell
Tom Purcell is a nationally
syndicated columnist. Visit his website here.
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