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Last Day For Sick Smokers To Claim Cash

10,000 To 50,000 Sick Florida Smokers Were Expected To Apply

MIAMI (CBS4) ― Time is running out for thousands of sick Florida smokers who may be eligible for a share of a $600 million fund created by major tobacco companies as part of a decade old lawsuit.

Monday, June 16th, is the deadline for smokers who were diagnosed with or who have been treated for smoking related illness before November 21st, 996 to file for their share of the trust fund. Families of smokers who have died are also eligible; they must submit proof that their loved one's illness; cancer, emphysema and heart disease was linked to cigarette smoking.

The fund stems from a lawsuit filed against the big tobacco companies in 1994. Miami Beach pediatrician Howard Engle and group of other smokers sued and won the case against cigarette makers for hiding the dangers of smoking and knowingly selling them a dangerous product. Those involved in the suit were awarded $145 billion in damages, but that award was thrown out in 2006 by the Florida Supreme Court. During the years of the trial, the major tobacco companies established a fund that would be paid out even if their appeal of the damage award failed.

In April, a judge in Miami ordered that the money in the Engle Trust Fund be divided equally among all Florida smokers who could prove they became ill before Nov. 21, 1996.

"It applies to people across the state of Florida," said attorney Bob Kelley whose firm will represent about a thousand smokers or family members.

Not everyone was happy with the judge's decision.

55-year old Gregg Duyser from Hollywood is suffering from emphysema and other ailments. He said he was initially told he might get as much as $28 million, now it'll be only a fraction of that depending on how many others apply and qualify for a share of the fund.

"It just seems wrong. It's getting way off track," Duyser said. "It's not supposed to be opening up the floodgates." 

More information on the fund, eligibility requirements and applications can be found at www.Engletrustfund.com.

(© 2008 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)


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