Why Clients Choose Us
Why Clients Choose Bernheim Kelley
- A $200 Million Massachusetts Verdict — a Massachusetts jury awarded $200 million in a tobacco case litigated by Bernheim Kelley attorneys Walter Kelley and Colleen Ryf — including $25 million for medical expenses and pain and suffering, $5 million for each of the deceased's five children, and $150 million in punitive damages. Most cases do not reach trial, and those that settle typically resolve for more modest amounts — but this verdict shows what is possible with strong legal representation.
- Built to Take On Big Tobacco — tobacco litigation is complex. The companies argue that smokers assumed the risk and that warning labels were enough. Bernheim Kelley has the experience and resources to answer those defenses — and win.
- Free, No-Obligation Case Review — speak directly with our legal team about what happened and whether you may have a claim. There is no upfront cost and no obligation.
About the Lawsuit
The Massachusetts Tobacco Lawsuit
For decades, tobacco companies knew their cigarettes were dangerous — and worked to hide it. Internal industry documents show that by 1957 the companies understood the link between smoking and deadly disease, yet they conspired to conceal those dangers from the public while continuing to sell cigarettes to children and teenagers.
The companies handed out free sample packs of cigarettes to minors, and marketed “light” and “ultralight” cigarettes as safer — even though they were not. Smokers who switched to lights believed they were lowering their risk, exactly as the tobacco companies intended. Today, many of those same smokers are facing lung cancer, COPD, and other devastating diagnoses.
Massachusetts law still allows individual smokers — and the families of smokers who have passed away — to sue the tobacco companies. The Master Settlement Agreement does not prevent you from filing your own lawsuit.
Do You Qualify?
You May Qualify If…
You may qualify for a Massachusetts tobacco lawsuit if the following apply:
You Live in Massachusetts
You currently live in Massachusetts.
You Started Smoking in 1957 or Later
You began smoking in 1957 or later — ideally as a child or teenager, before age 18.
Diagnosed in the Last 4 Years
You were diagnosed within the last 4 years with lung cancer, throat cancer, mouth cancer, COPD, emphysema, or bladder cancer.
Or a Loved One Passed Away
Your loved one died from one of these conditions within the last 4 years.
Free Samples or “Light” Cigarettes
You received free sample packs of cigarettes as a minor, or smoked “light” cigarettes believing they were safer. (This can strengthen your case.)
Don't Wait to Protect Your Rights
Deadlines Apply
Massachusetts law sets a deadline — called the statute of limitations — of three years from your diagnosis date (four years in certain circumstances). For families, a loved one's death must generally be within the last four years. Waiting too long could permanently bar your claim. Contact us today for a free, confidential review.
Common Questions
Questions Answered
Can I still sue a tobacco company in Massachusetts?
Yes. If you are a cigarette smoker diagnosed with certain cancers or COPD in the last three years — in some instances four years — you may be eligible to file a lawsuit. While no outcome can ever be guaranteed, recent Massachusetts cases show that substantial compensation is achievable.
Does the Master Settlement Agreement prevent me from suing?
No. The Master Settlement Agreement does not bar individual lawsuits. Smokers diagnosed with tobacco-related diseases can still file suit to hold the tobacco companies accountable.
The tobacco company will say I chose to smoke. Can I still recover?
Possibly, yes. Massachusetts follows a comparative negligence rule: even if you share some responsibility for smoking, you may still recover damages if the tobacco company is found negligent and you are determined to be less than 50 percent at fault. Tobacco companies also argue that warning labels fulfilled their duty to warn — skilled attorneys have overcome these defenses, as the recent $200 million Massachusetts verdict shows.
How do “light” cigarettes help my case?
Tobacco companies marketed “light” cigarettes as safer, even though they are not. Most people who smoked lights believed they were at lower risk for cancer and other diseases — exactly as the companies intended. If you smoked lights, that marketing deception can be an important part of your claim.
What do I have to prove to win?
Two things: (1) actual harm — a serious health condition like cancer or COPD caused by smoking; and (2) breach — that the tobacco company breached its duty to consumers, whether through a defective product, negligence, or intentional wrongdoing.
How do I get started — and how long do I have?
Massachusetts gives you three years from your diagnosis date to file — four years in certain circumstances. Because the deadline runs from diagnosis, do not wait. Contact Bernheim Kelley for a free consultation to evaluate your case.