Proceedings issued against five tobacco firms by Dublin solicitor

Legal proceedings have been issued against major tobacco companies by a Dublin solicitor on behalf of 100 clients who are seeking…

Legal proceedings have been issued against major tobacco companies by a Dublin solicitor on behalf of 100 clients who are seeking compensation for damage to their health or that of their relatives.

They join two women for whom summonses were served on the tobacco companies yesterday by a solicitor, Mr Peter McDonnell. Proceedings were issued in their case a year ago and the cases are expected to be heard in the High Court within two years.

The companies named in the proceedings are P.J. Carroll and Co Ltd, Rothmans of Pall Mall (Ireland) Ltd, Players & Wills (Ireland) Ltd, Benson and Hedges Ltd and Gallaher (Dublin) Ltd.

Mr McDonnell told The Irish Times he had spoken to over 1,000 people who said their health had been damaged by cigarette smoking, and these 100 cases had arisen from that.

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"I've been studying what had been happening in the US with regard to cases against the tobacco industry. I've spoken to the US lawyers doing those cases. I've also spoken to Mr Martin Day of Leigh Day in London who are pursuing a case on behalf of 54 patients with lung cancer."

One of the clients for whom a summons was issued yesterday, Ms Anne Maloney, had lung cancer. Two years ago a large tumour was discovered on her left lung and removed.

Ms Susan Riley is the second client for whom a summons was issued. Now aged 43, she looks much older, and her body is bent with pain.

"I've had 11 blood clots in my lungs, two in my stomach, I've lost my womb, an ovary burst last year. I have scars all over my stomach," she said. "I'm only six stone, I'm in pain all the time, I have to take morphine injections for the rest of my life. I can't sleep with the pain. My husband has to give me a morphine injection at night, but I still can't sleep, I have to take sleeping tablets."

Among the 100-odd other clients for whom proceedings have been issued was one amputee and 38 people who had lost close relatives to smoking-related diseases. Mr McDonnell said eight had died since they went to the Department of Health last November looking for assistance with research for the case.

He and his legal team need to find out the state of knowledge of the tobacco companies in Ireland of the research into tobacco addiction which was known to the industry internationally. He has engaged a team of seven barristers, including senior counsel Mr James Nugent, Ms Fidelma Macken and Mr Richard Nesbitt, to act for his clients.

Mr McDonnell and his legal team are acting on a pro bono basis. However, he is appealing for help from the Department of Health for funding for research, saying this has been provided to the Co Louth residents suing BNFL at Sellafield.