TOBACCO CONTROL LAWS

United Seniors Association, Inc. v. Philip Morris USA, et al.

United Seniors Association brought action against five tobacco companies, seeking reimbursement for the costs incurred by the federal Medicare program since 1999 from the medical treatment of persons suffering from smoking-related illnesses.  The lower court had dismissed the case, holding that United Seniors Association could not file for compensation before the alleged damage was determined. The court affirmed the dismissal, but on a different ground.  The Court held that United Seniors Association did not have standing under Medicare Secondary Payer statute because it had failed to allege that it represented Medicare beneficiaries "who received unreimbursed Medicare payments for treatment of smoking-related injuries" and because MSP does not provide for a qui tam (whistle blower) action and therefore, the companies could not be penalized. 

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United Seniors Association, Inc. v. Philip Morris USA, et al., 500 F.3d 19, United States Court of Appeals, First Circuit (2007).

  • United States
  • Aug 20, 2007
  • United States Court of Appeals, First Circuit

Parties

Plaintiff United Seniors Association, Inc.

Defendant

  • Brown & Williamson Tobacco Corporation
  • Liggett Group, Inc.
  • Lorillard Tobacco Company
  • PHILIP MORRIS USA
  • R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

None

Type of Litigation

Health Care Cost Recovery
Governments or insurance agencies may seek reimbursement from the tobacco companies for health care costs related to tobacco. The most famous example is the case brought by individual states in the U.S.A. that resulted in the Master Settlement Agreement.

Tobacco Control Topics

Liability
Measures dealing with criminal and civil liability, including compensation. (See FCTC Art. 19)

Substantive Issues

Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.

Type of Tobacco Product

None

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