Howard Engle
Encyclopedia
Howard Aaron Engle was an American
pediatrician and lifelong smoker who was one of the plaintiffs in a class action
lawsuit filed against the tobacco industry
, in which Engle claimed that he smoked multiple packs of cigarettes daily since he was in college and was unable to quit despite multiple attempts even after contracting emphysema
, continuing to smoke until his death.
, where his parents ran a farm, and he was part of the area's only Jewish family. He earned his undergraduate degree at the University of Wisconsin–Madison
and received his medical training at the University of Wisconsin School of Medicine and Public Health
. He served in a public health role in Allied-occupied Germany while serving in the United States Army
in the aftermath World War II
.
He moved to Miami Beach, Florida
after completing his military service and established a medical practice specializing in pediatric neurology
. Using his own experiences as a cautionary tale, he would emphasize the risks of smoking to his patients. Engle opened an office in the Liberty City neighborhood of Miami and ran an integrated office in the pre-Civil rights era. In the 1960s, he was chief of pediatrics at Mount Sinai Medical Center
in Miami Beach.
,
and an appeals court decided in January 1996 that the class action could go forward, though only Florida smokers could be included. The case was filed by the husband-and-wife legal team of Stanley and Susan Rosenblatt on behalf of seven Florida smokers, with Engle as lead plaintiff, and went to trial in 1998. The Rosenblatts had earlier won a settlement of $300 million on behalf of a group of 60,000 flight attendants who alleged that they had been injured by secondhand smoke
and their approach in the Engle case was a focus on how cigarette makers used "diversionary tactics to keep alive a nonexistent scientific controversy about smoking and health". Engle had been the physician for eight of the Rosenblatt's nine children and they had discussed the flight attendant's case. The Rosenblatts wanted a physician to be part of the class action suit and Engle volunteered to participate in the hope that people would be warned against becoming addicted to smoking.
A jury verdict in July 2000 granted the plaintiffs $145 billion, though a Florida Circuit Court judge ruled in May 2001 that the tobacco companies could post a bond of $2 billion whle the case was appealed, of which $709 million was guaranteed to the plaintiffs regardless of the outcome of the appeal process. The punitive damage award was the largest by a jury in U.S. history.
The Florida Third District Court of Appeal
overturned the verdict in May 2003, citing the fact that the group was too disparate to have been certified as a class as its members had started and continued to smoke for disparate reasons, that the punitive damage award was excessive and that the plaintiff's attorneys had used arguments that were "racially charged" — likening the actions of the tobacco industry to slavery and genocide — to prejudice the six-member jury, four of whom were African American
. The Florida Supreme Court
decertified the group but allowed each of the class's members, known as the "Engle progeny", to file lawsuits of their own on an individual basis. Engle received an undisclosed settlement in the hundreds of thousands of dollars from the $700 million fund posted by the cigarette manufacturers during the appeals process.
A resident of Miami Beach, Florida
, he died there at age 89 on July 22, 2009, due to chronic obstructive pulmonary disease
and lymphoma
. He was survived by his wife and a son, as well as a stepdaughter and stepson.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
pediatrician and lifelong smoker who was one of the plaintiffs in a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
lawsuit filed against the tobacco industry
Tobacco industry
The tobacco industry comprises those persons and companies engaged in the growth, preparation for sale, shipment, advertisement, and distribution of tobacco and tobacco-related products. It is a global industry; tobacco can grow in any warm, moist environment, which means it can be farmed on all...
, in which Engle claimed that he smoked multiple packs of cigarettes daily since he was in college and was unable to quit despite multiple attempts even after contracting emphysema
Emphysema
Emphysema is a long-term, progressive disease of the lungs that primarily causes shortness of breath. In people with emphysema, the tissues necessary to support the physical shape and function of the lungs are destroyed. It is included in a group of diseases called chronic obstructive pulmonary...
, continuing to smoke until his death.
Early life and education
Engle was born on September 11, 1919, in the Milwaukee suburb of Pewaukee, WisconsinPewaukee, Wisconsin
Pewaukee is a city in Waukesha County, Wisconsin. The population was 11,783 at the 2000 census. The city was incorporated from what was formerly the Town of Pewaukee. The Village of Pewaukee, which was incorporated out of the town before it incorporated as a city, is surrounded by the city...
, where his parents ran a farm, and he was part of the area's only Jewish family. He earned his undergraduate degree at the University of Wisconsin–Madison
University of Wisconsin–Madison
The University of Wisconsin–Madison is a public research university located in Madison, Wisconsin, United States. Founded in 1848, UW–Madison is the flagship campus of the University of Wisconsin System. It became a land-grant institution in 1866...
and received his medical training at the University of Wisconsin School of Medicine and Public Health
University of Wisconsin School of Medicine and Public Health
The University of Wisconsin School of Medicine and Public Health is a professional school for the study of medicine and public health at the University of Wisconsin–Madison.- History :...
. He served in a public health role in Allied-occupied Germany while serving in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
in the aftermath World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
.
He moved to Miami Beach, Florida
Miami Beach, Florida
Miami Beach is a coastal resort city in Miami-Dade County, Florida, United States, incorporated on March 26, 1915. The municipality is located on a barrier island between the Atlantic Ocean and Biscayne Bay, the latter which separates the Beach from Miami city proper...
after completing his military service and established a medical practice specializing in pediatric neurology
Neurology
Neurology is a medical specialty dealing with disorders of the nervous system. Specifically, it deals with the diagnosis and treatment of all categories of disease involving the central, peripheral, and autonomic nervous systems, including their coverings, blood vessels, and all effector tissue,...
. Using his own experiences as a cautionary tale, he would emphasize the risks of smoking to his patients. Engle opened an office in the Liberty City neighborhood of Miami and ran an integrated office in the pre-Civil rights era. In the 1960s, he was chief of pediatrics at Mount Sinai Medical Center
Mount Sinai Medical Center & Miami Heart Institute
Mount Sinai Medical Center & Miami Heart Institute is a hospital located at 4300 Alton Road in Miami Beach, Florida, and is the largest independent non-profit teaching hospital in the state. The institution was incorporated on March 11, 1946, and opened on its current location on Sunday, December...
in Miami Beach.
Smoking class action suit
A class action suit claiming that the members of the class had been injured by their cigarette usage was filed in May 1994, representing an estimated 100,000 smokers who were said to have been turned into nicotine addicts by a tobacco industry that did not warn them of the risks of the habit. The class was certified in October 1994 in Dade County Circuit Court in Miami, FloridaMiami, Florida
Miami is a city located on the Atlantic coast in southeastern Florida and the county seat of Miami-Dade County, the most populous county in Florida and the eighth-most populous county in the United States with a population of 2,500,625...
,
and an appeals court decided in January 1996 that the class action could go forward, though only Florida smokers could be included. The case was filed by the husband-and-wife legal team of Stanley and Susan Rosenblatt on behalf of seven Florida smokers, with Engle as lead plaintiff, and went to trial in 1998. The Rosenblatts had earlier won a settlement of $300 million on behalf of a group of 60,000 flight attendants who alleged that they had been injured by secondhand smoke
Passive smoking
Passive smoking is the inhalation of smoke, called secondhand smoke or environmental tobacco smoke , from tobacco products used by others. It occurs when tobacco smoke permeates any environment, causing its inhalation by people within that environment. Exposure to secondhand tobacco smoke causes...
and their approach in the Engle case was a focus on how cigarette makers used "diversionary tactics to keep alive a nonexistent scientific controversy about smoking and health". Engle had been the physician for eight of the Rosenblatt's nine children and they had discussed the flight attendant's case. The Rosenblatts wanted a physician to be part of the class action suit and Engle volunteered to participate in the hope that people would be warned against becoming addicted to smoking.
A jury verdict in July 2000 granted the plaintiffs $145 billion, though a Florida Circuit Court judge ruled in May 2001 that the tobacco companies could post a bond of $2 billion whle the case was appealed, of which $709 million was guaranteed to the plaintiffs regardless of the outcome of the appeal process. The punitive damage award was the largest by a jury in U.S. history.
The Florida Third District Court of Appeal
Florida Third District Court of Appeal
The Florida Third District Court of Appeal is headquartered in Miami, Florida. Its ten judges have jurisdiction over cases arising from Miami-Dade Monroe Counties.-History:...
overturned the verdict in May 2003, citing the fact that the group was too disparate to have been certified as a class as its members had started and continued to smoke for disparate reasons, that the punitive damage award was excessive and that the plaintiff's attorneys had used arguments that were "racially charged" — likening the actions of the tobacco industry to slavery and genocide — to prejudice the six-member jury, four of whom were African American
African American
African Americans are citizens or residents of the United States who have at least partial ancestry from any of the native populations of Sub-Saharan Africa and are the direct descendants of enslaved Africans within the boundaries of the present United States...
. The Florida Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
decertified the group but allowed each of the class's members, known as the "Engle progeny", to file lawsuits of their own on an individual basis. Engle received an undisclosed settlement in the hundreds of thousands of dollars from the $700 million fund posted by the cigarette manufacturers during the appeals process.
Personal
Engle had started smoking while in college and continued until shortly before his death while he was in hospice care.A resident of Miami Beach, Florida
Miami Beach, Florida
Miami Beach is a coastal resort city in Miami-Dade County, Florida, United States, incorporated on March 26, 1915. The municipality is located on a barrier island between the Atlantic Ocean and Biscayne Bay, the latter which separates the Beach from Miami city proper...
, he died there at age 89 on July 22, 2009, due to chronic obstructive pulmonary disease
Chronic obstructive pulmonary disease
Chronic obstructive pulmonary disease , also known as chronic obstructive lung disease , chronic obstructive airway disease , chronic airflow limitation and chronic obstructive respiratory disease , is the co-occurrence of chronic bronchitis and emphysema, a pair of commonly co-existing diseases...
and lymphoma
Lymphoma
Lymphoma is a cancer in the lymphatic cells of the immune system. Typically, lymphomas present as a solid tumor of lymphoid cells. Treatment might involve chemotherapy and in some cases radiotherapy and/or bone marrow transplantation, and can be curable depending on the histology, type, and stage...
. He was survived by his wife and a son, as well as a stepdaughter and stepson.