The crux of the smokers' argument in these cases is that the companies knowingly hid information about the addictive and harmful effects of smoking. Of course, a long appeals process awaits these awards, which have "often been reversed or reduced" upon reaching the higher courts.
It strikes me as a difficult endeavor to mete out responsibility for the deaths of smokers, especially since there is still some debate about when exactly the knowledge of just how harmful smoking is became available and to whom. The jury in this case had a lot less trouble than I would, declaring that $8 million was the appropriate award in spite of the fact that "Hess was 58 percent responsible for the cigarette addiction that led to his death."
I'm hoping this is an AP typo for "50 percent". It's one thing to say "well, he was misled by the companies, but isn't he halfway responsible for his addiction?" and quite another to say "58 percent". What does that mean? What multitude of factors are weighed to arrive at such a specific proportion of blame? Maybe the lawyers in the audience want to chime in on this one.
Of course, the issue of valuing Mr. Hess's life is an altogether separate problem. I'm in the unique position of having recently studied both economists' and philosophers' valuation of life (unsurprisingly, economists say 4-14 million dollars and the philosophers that I respect think that putting a number on the intrinsic value of life is foolish). Even if we accept that the tobacco companies "owe" Ms. Hess for 42 percent of the balance of the life her husband would have lived, I'm interested to know how exactly our legal system has decided to put a sticker price on that. I definitely think she deserves a judgment and that finally holding these companies accountable can only be a good thing; I'm a little less sure of the relevance of the $8 million dollar award, considering how many people have died due to tobacco whose loved ones undoubtedly need compensation as much as Ms. Hess does in this economic whatever-we're-calling-this.