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Christensen v. Philip Morris USA Inc.6/8/2005
yes.
[QUESTION]: And you also kind of had this intuitive sense that one of the possible causes of those spots was your cigarette smoking, right?
[MR. CHRISTENSEN]: It would be the only cause that I could think of.
(Emphasis added).
Christensen informed his personal physician about the information he received concerning his lungs. The doctor also "received copies of the report." According to Christensen, his doctor "didn't seem concerned." Nor did Christensen believe his "lung problem" was serious, given that he "was in good health" and "had no ill feelings." Therefore, at that time, Christensen did not pursue any course of treatment for the "lung problem."
Moreover, Christensen averred in his affidavit that, until mid 1998, he believed he "was in generally excellent health." Then, some twenty-two years after he quit smoking, Christensen experienced a progressive decline in his health. He recalled: "I noticed and observed that I was having increasing difficulty walking and attempting to climb. I was suffering from shortness of breath and uncharacteristic fatigue."
Ms. Christensen recalled that her husband's condition "was getting progressively worse...." However, she thought at the time that it was perhaps emphysema; she did not think he had cancer. The following deposition testimony of the Decedent's daughter is also pertinent:
[QUESTION]: And when you say [the Decedent] was having some trouble breathing, I take it, from what you were saying, it was noticeable?
[MS. KELLY]: Yes.
[QUESTION]: Would he get winded from ordinary activities, or can you explain the type of difficulty he was having?
[MS. KELLY]: He couldn't walk across my back yard without being out of breath.
[QUESTION]: Okay. When did you first notice that?
[MS. KELLY]: Well, datewise ... it was probably the previous Fall [i.e., 1997], because he was still trying to help me do lots of projects around this house.
[QUESTION]: And was it something that was sporadic, or was it sort of something that was becoming more and more frequent, was it becoming a constant problem, the shortness of breath?
[MS. KELLY]: The shortness of breath was pretty consistent.
[QUESTION]: Did he complain about it at all?
[MS. KELLY]: He complained by sitting down to catch his breath. He just really couldn't do anything. He would just sit down.
[QUESTION]: Did you discuss why he was getting short of breath?
[MS. KELLY]: Oh, I would ask him. Suggest that he get it checked out, that that is not normal.
[QUESTION]: And what would he say to you? Tell me about your conversation.
[MS. KELLY]: He would just kind of put it on the back burner.
[QUESTION]: But, he was honest about it, if he felt sort of breath, he would sit down and tell you he needed a minute?
[MS. KELLY]: Absolutely, he had to. He couldn't function.
Further, Ms. Kelly testified that her father was coughing up phlegm and mucus. She stated: "I believe that he knew that that is what was happening, that the reason for his shortness of breath was because of his cigarette smoking."
Because of Christensen's progressive breathing difficulties and fatigue, he sought treatment from Dr. Alan Shorofsky on April 24, 1998. Dr. Shorofsky testified that he conducted a physical examination and "was concerned after the examination that [Christensen] might have early emphysema or chronic obstructive pulmonary disease" ("COPD"). Therefore, he ordered a chest X-ray and "general blood work that [Christen
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