Philip Morris Must Pay $56 Million in Wrongful Death Suit

Philip Morris USA Inc. failed in its bid to get a new trial after a Massachusetts jury found the cigarette maker liable in a wrongful death suit and awarded $1 billion in punitive damages, which was later reduced by the judge to just over $56 million.

The trial court judge “had ample basis upon which to find that the jury were not inflamed by passion or prejudice,” and reduced the award to an amount “within constitutionally permissible bounds,” Massachusetts Supreme Judicial Court Justice Gabrielle R. Wolohojian said Wednesday.

The evidence of Philip Morris’ “reprehensible conduct over decades provided a robust basis” for the jury to conclude the company engaged in malicious or reckless conduct and was grossly negligent, therefore warranting significant punitive damages, Wolohojian wrote for the unanimous court.

There was evidence that Philip Morris designed its cigarettes with a certain dosage of nicotine and continued to downplay the potential health impacts of cigarettes even after the company became aware of the risks. The judge also concluded Philip Morris conspired with other cigarette makers and organizations to misrepresent facts about the dangers of smoking and confuse the public.

The jury was instructed on the appropriate bases for awarding punitive damages under the state’s wrongful death statute, the court said. Although the punitive damages amount “undeniably reflects that the jury held strong views about the amount needed to punish and deter Philip Morris for its conduct,” the trial judge didn’t abuse her discretion in concluding the verdict wasn’t the result of passion and prejudice, Wolohojian said.

The justices also rejected the company’s arguments that the trial court should have adopted a clear and convincing evidence standard for punitive damages, and that the adjusted punitive damages amount of $56 million was unconstitutionally excessive. The “extreme reprehensibility of Philip Morris’s conduct clearly justifies a punitive damages” award toward the higher end of the permissible range, Wolohojian said.

Celene Humphries of Spring City, Tenn., and Andrew Rainer of Boston represent the plaintiffs. Shook, Hardy & Bacon LLP represents Philip Morris.

The case is Fontaine v. Philip Morris USA Inc., Mass., No. SJC-13778, 4/22/26.