Choose a Topic

View Our Case Results
Kelley/Uustal Practice Areas

Kelley/Uustal Attorneys Win $28.795M Verdict in Big Tobacco Case

Attorneys Eric Rosen and Kim Wald of Kelley/Uustal have obtained a verdict of $28.795 million on Eric Rosenbehalf of Alan Konzelman, the widower of Elaine Konzelman, who died as a result of COPD after smoking R.J. Reynolds cigarettes for over 40 years. Mrs. Konzelman, who was 79 at the time of her death, had been on a ventilator because of the disease.

Compensatory damages from Phase 1 of the trial included $8.5 million plus an additional $295,000 in past medical expenses. Phase 2 of the trial returned a punitive damage verdict of $20 million – far exceeding the $14 million originally sought by Mr. Rosen.

“When you look at the scale [of culpability] it is the worst. It is the highest level,” Rosen said. “It’s not by accident. It’s not being negligent. It’s knowing that you’re running through a red light when there [are] cars coming, and you see them coming, and you choose to run through the red light.”

Kim WaldThe jury agreed that R.J. Reynolds, the second-largest cigarette manufacturer in the country, has for decades concealed the risks associated with their product, which they knew to be highly addictive and dangerous. Mr. Rosen argued that R.J. Reynolds only became transparent with the FDA on the risks of cigarette smoking after it was forced into a Master Settlement Agreement. “[The conspiracy] ended… after all the states in the United States were suing R.J. Reynolds,” Rosen said.

Attorney Eric Rosen has prevailed in a number of tobacco litigation cases against R.J. Reynolds in the past, including a case that returned a $13 million verdict for the widow of an Oakland Park man who died from smoking-related lung cancer.

Kelley/Uustal is committed to representing clients against deceptive tobacco companies. If you have lost a loved one as a result of a cigarette smoking-related disease, we encourage you to contact our firm to learn more about you legal options. For a free consultation, please fill out an online form or call our office at 954-522-6601.

Konzelman Verdict
Konzelman Verdict
Konzelman Verdict

Recognized as One of the Nation's Best Law Firms

Don't just take our word for it. See it for yourself.

Client Reviews & Testimonials
  • AV Peer Review Rated
  • Florida Super Lawyers
  • South Florida Top Rated Lawyers
  • Best Law Firms
  • The Best Lawyers in America
  • The National Trial Lawyers - Top 100 Trial Lawyers
  • South Florida Business Journal - 2017  Best Places to Work
  • Sun Sentinel - 2017 Top Work Places
© 2014 All Rights Reserved The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.