Chronic obstructive pulmonary disease — commonly known as COPD — is a progressive lung condition that makes it increasingly difficult to breathe. For millions of Americans, COPD developed after years of smoking cigarettes. And for many of those people, the tobacco companies that manufactured and marketed those cigarettes bear significant responsibility.
If you or a loved one has been diagnosed with COPD or emphysema after a history of smoking, you may have legal options to pursue compensation from the companies whose products caused your illness.
What Is COPD?
COPD is an umbrella term that includes conditions like emphysema and chronic bronchitis. It damages the airways and air sacs in the lungs, making it harder to get oxygen into the body. Symptoms typically develop gradually and worsen over time, often including persistent coughing, shortness of breath, wheezing, chest tightness, and frequent respiratory infections.
There is no cure for COPD. Treatment focuses on managing symptoms and slowing the disease's progression, often through inhalers, oxygen therapy, pulmonary rehabilitation, and in severe cases, surgery.
Cigarette smoking is the leading cause of COPD. According to the American Lung Association, smoking accounts for the vast majority of COPD cases in the United States. The toxic chemicals in cigarette smoke damage the lungs over time — and that damage is often irreversible.
Why Tobacco Companies Can Be Held Liable
A COPD diagnosis after years of smoking is not simply a matter of personal responsibility. Tobacco companies knew for decades that their products caused serious lung disease — and they deliberately concealed that information from the public.
Internal company documents have revealed that major tobacco manufacturers understood the health risks of smoking as far back as the 1950s. Rather than warning consumers, they suppressed research, funded misleading studies, and marketed their products in ways designed to downplay the dangers and maximize addiction.
This pattern of fraud and concealment is the legal foundation of tobacco injury lawsuits. Courts across the country have found that tobacco companies engaged in deceptive practices, and established case law supports the right of injured smokers to seek compensation.
What You Need to Prove
To pursue a tobacco injury claim for COPD, several elements generally need to be established:
A history of smoking. Most COPD claims involve individuals who smoked for an extended period, often measured in "pack-years" — the number of packs smoked per day multiplied by the number of years you smoked.
A confirmed COPD or emphysema diagnosis. Medical records documenting your diagnosis are essential. This includes pulmonary function tests, imaging, and your treating physician's assessment.
A connection between your smoking and your diagnosis. Medical evidence — including your doctor's opinion and, in some cases, expert medical testimony — helps establish that your COPD was caused by cigarette use rather than other factors.
That the tobacco company was at fault. This is where the decades of established case law come into play. Evidence of the tobacco industry's fraud, concealment, and failure to warn consumers strengthens individual claims significantly.
Types of Legal Claims
COPD tobacco lawsuits can be brought under several legal theories:
Product Liability — Cigarettes are inherently dangerous products that cause serious illness when used as intended. Tobacco companies can be held liable for manufacturing and selling a defective product.
Fraud and Misrepresentation — Tobacco companies deliberately misled consumers about the safety of their products — including marketing "light" and "low-tar" cigarettes as safer alternatives when they were not.
Failure to Warn — Even after knowing the risks, tobacco companies failed to adequately warn consumers about the likelihood of developing conditions like COPD from prolonged smoking.
Negligence — Tobacco companies failed to exercise reasonable care in protecting consumers from the foreseeable harm caused by their products.
What About Comparative Fault?
One of the most common concerns people have is whether their own decision to smoke will prevent them from filing a claim. In most tobacco cases, comparative fault is considered — meaning the jury may evaluate what percentage of responsibility lies with the tobacco company versus the smoker.
However, this does not mean you cannot recover compensation. Courts regularly award damages in tobacco cases even when the plaintiff acknowledges they chose to smoke. The central legal question is whether the tobacco companies' fraud and deception contributed to your decision to start or continue smoking.
What Compensation May Be Available?
If you have a viable COPD tobacco claim, you may be able to recover compensation for:
Medical costs — Including hospitalizations, medications, oxygen therapy, pulmonary rehabilitation, and ongoing care related to your COPD.
Lost wages and earning capacity — If COPD has prevented you from working or reduced your ability to earn income.
Pain and suffering — The physical discomfort, emotional distress, and diminished quality of life that comes with living with a progressive, incurable lung disease.
Wrongful death — If a family member passed away from COPD or related complications, surviving family members may be able to pursue a claim for their loss.
Time Limits Apply
Every state imposes a statute of limitations — a deadline for filing a lawsuit. These deadlines vary by state and can depend on factors like when you were diagnosed and the type of claim being filed. Once the deadline passes, you may permanently lose your right to seek compensation.
Speaking with an attorney as soon as possible is the best way to understand which deadline applies to your situation.
How The Alvarez Law Firm Can Help
Board Certified trial lawyer Alex Alvarez and Herb Borroto, M.D., J.D., bring a unique combination of legal and medical knowledge to every tobacco case. This medical-legal approach is especially valuable in COPD cases, where establishing the connection between smoking and your diagnosis is critical.
The firm represents clients in Florida, Hawaii, Oregon, New Mexico, and Illinois. There is no fee unless the firm recovers compensation on your behalf, and all case evaluations are free and confidential.
Take the First Step
If you or someone you love has been diagnosed with COPD or emphysema after years of smoking, don't assume your illness is simply the cost of a personal choice. The tobacco companies that profited from your addiction may owe you compensation.
Contact The Alvarez Law Firm today for a free tobacco case review.
Call (305) 444-7675 or complete the Free Case Review form on this page.