Bates White has deep experience analyzing issues involving product liability associated with tobacco. We distinguish ourselves by our ability to integrate rigorous economic analysis, often with limited  information, with assessments of key financial, economic or legal issues to provide valuable insights to our clients. We have developed models to analyze exposure, causation, liability and potential damages. Many of our analyses have required retrospective examinations of market data to assess causation. Some of the issues on which our experts have worked include:

  • Reconstruction of the US smoker population. We developed a simulation model that replicates the behavior of the US population since 1950, inclusive of mortality, disease incidence, new entrants, and cessation of existing smokers. All key population metrics and demographics were captured such as birth, death and the behaviors of immigrants.  We have analyzed potential tobacco-related liabilities under various hypothetical litigation environments. The model explicitly captured behavior as it occurs in time and includes database programming that allows for a complex series of calculations.
  • Assessment of potential program participation rates and costs. Our proprietary tools allow us to quantify class sizes, both in terms of who is eligible and who is likely to file, and for all impacted parties, determine causation of claimants. For example, we assessed likely participation and likely costs for proposed remedies through comparability programs.
  • Evaluation of remedies, treatments, and intervention programs. By using our smoker population models, we have helped clients involved in class action lawsuits, legislation, and litigation to properly and reliably analyze classes seeking different remedies and treatments.