A judge has ruled that some of the lung cancer victims suing the tobacco industrycannot continue as they did not bring their case within three years of diagnosis.  This technicality is clearly a setback to the case, which is due to come to a full trialin January 2000.  However, 14 lung cancer victims remain in the group.  The casealleges that the tobacco companies were negligent for failing to reduce the harmfulchemicals in cigarettes as rapidly as possible.

Clive Bates, Director of ASH, said: "the tobacco companies have repeatedly usedtechnicalities to try to derail the case, but we believe that the action must continuethrough to trial.  Over 30,000 people die from lung cancer each year as a result ofsmoking, and it is vital that the court decides what responsibility the tobacco companiesbear for this terrible toll.  We are certain that they could have done more to reducethe harm caused by cigarettes, but instead they just denied it."

ASH is concerned that the law has been applied in an especially rigid and inhumane way.The 1980 Statute of Limitations requires cases to be brought within three years, but alsoallows the judge to waive this rule if the circumstances justify it.

"It is completely unrealistic to expect someone struck down with this awfuldisease to brush off their condition and mount a fight against the tobacco companies basedon a subtle legal and medical arguments all within three years." said Bates."For most sufferers, lung cancer means an almighty personal struggle for the firstthree years, and the three-year survival rate for is just 10%."

"To sue the tobacco companies you need high-powered legal teams, medical experts,a group of plaintiffs and above all money.  You can't expect to put a case like thistogether overnight." said Bates.  "Nevertheless, the case is strong enoughto continue."

ASH again rejected the common argument against the plaintiffs that 'they should haveknown that cigarettes were harmful': "This case is about whether the companies werenegligent, not about how consumers dealt with the disinformation produced by the tobaccocompanies or the addiction caused by nicotine." said Bates.

For background on the case, see - the 'What's going on'section of the ASH web site.