Common questions about the Engle Trust Fund

Full story: South Florida Sun-Sentinel

Where did the $600 million come from? Three of the five tobacco companies in the landmark Engle vs.

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BAH

Orlando, FL

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#429
Jul 17, 2008
 
Interesting wrote:
<quoted text>
BAH
Wasn't the class action suit dismissed and that is why there is the Engle Trust? Please correct if wrong
Glad to help put. You are mistaken about what actually occurred, but that is understandable because it is complicated.

What happened was the the FL Supreme Court De-certified the Class in the original Engle Class Action lawsuit. The FL Supreme Court did so based on a belief that the class members were too dissimilar to "lump" together. When the Court took this action they gave class members and any others until January 10, 2008 to file or to re-file, as the case may be, INDIVIDUAL lawsuits against the 5 tobacco giants. The ailments covered were the same as for the Engle Trust Fund, but individual lawsuits against the companies would be allowed. The diagnosis/injury to the Florida smoker had to have occurred after May of 1990 but before Nov 21, 1996. The Engle Trust Fund was, and is, a separate and distinct entity. Claimants under the Engle Trust Fund had until June 16, 2008 to register. Read below:

If you or a family member was a Florida resident and suffered from an illness caused by cigarettes prior to November 1996, you only had until January 10, 2008, to file an individual lawsuit against the tobacco companies. Former Engle class members are also eligible to receive a share in a trust fund of approximately $600 million if you (or your decedent) have suffered, presently suffer, or have died from any of the tobacco-related medical diseases or medical conditions listed above. The disease or medical condition must have been first diagnosed or first manifested itself on or before November 21, 1996. Qualifying Engle class members must register no later than June 16, 2008, to be eligible to receive a share of the Engle Trust Fund. Registration does not assure qualification to share in the Engle Trust Fund. You will be required to submit significant medical documentation to support your claim.
Samantha

Duluth, GA

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#430
Jul 17, 2008
 
That is correct that is what I tried to say and you gave me that respond. I refiled prior to Jan of 2008 and also on the Engle Trust. That's why I said what I did.
Tom From Barefootbay

United States

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#431
Jul 17, 2008
 
Samantha wrote:
That is correct that is what I tried to say and you gave me that respond. I refiled prior to Jan of 2008 and also on the Engle Trust. That's why I said what I did.
I suppose as a survivor of both my mother and father and myself as a cigarette smokers all Three of us have one or more of these illnesses two have past away and I am the only one left except my son and daughter . I will have to file a seperate law suit or start a new class action in my name.My doctors tell me to quit smoking cigaretts and I have tried and tried but to no avail,I have tried the nicco gum and the patches and now chantex what next I wish I had never started and never watched television commercials like the marboure man and how cool he was back then,what do I do?
Tom From Barefootbay

United States

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#432
Jul 17, 2008
 
mark david rice wrote:
there are no more than 10,000 entitled to this fund any one that did not file a suit as of 1/10/08 at the set deadline to file is S.O.L YOUR TO LATE THE BAND WAGON IS OFFICALLY CLOSED IF YOU HAD A LIGITAMENT CLAIM TO THIS FUND YOU WOULD HAVE FILED A LAW SUIT AGAINT THE SEVEN DAWRTHS OF BIG TOBACCO END OF STORY M.D.R.
according to the supplemental NOTICE from Miami Dade Circuit court to Qualified member 1) You (or your decedent) SMOKED CIGARETTES and 2)Developed one or more of the deseases and/or medical conditions mentioned below, and 3)(Important) that desease or medical condition was first diagnosed or manifested itself (first appeared) ON OR BEFORE NOVEMBER 21,1996,which is the class cut-off date established by the FLORIDA SUPREME COURT. PER Press Journal and the A P news. Tom/Barefoot Bay fl.
Tom From Barefootbay

United States

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#433
Jul 17, 2008
 
Sorry I Filed according to FLORIDA SMOKERS,EX SMOKERS AND SURVIVORS OF SMOKERS/LEGAL NOTICE ALL THE RECORDS,HOSPITAL RECORDS,DEATH CERTIFICATE,BIRTH CERT.IN A TIMELY FASHION AND SENT OVERNIGHT RETURN RECEIPT REQUESTED,CERTIFIED MAIL
JRS

United States

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#434
Jul 17, 2008
 
I sent certified return receipt over a week ago and still have not received return receipt. Additionally today I receive a reminder to mail info in. Has anyone receipted that post card? just wondering whether or not that was a blanket mailing.
MES

AOL

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#435
Jul 17, 2008
 
JRS wrote:
I sent certified return receipt over a week ago and still have not received return receipt. Additionally today I receive a reminder to mail info in. Has anyone receipted that post card? just wondering whether or not that was a blanket mailing.
I called 1-800-231-4757...I gave the lady my name and registration # she checked and found my claim in the system.
Samantha

Homestead, FL

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#436
Jul 17, 2008
 
Since I have an attorney, they are taking care of everything. Yes, I know they are also getting a big chunk of the proceeds. But it saves going through all the aggrevation and red tape.
liz

AOL

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#437
Jul 17, 2008
 
I mailed the paper work in by certified and it was sign for and reciept mailed back to me .
hoping

Cape Coral, FL

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#438
Jul 17, 2008
 
I just heard from my attornry that it may help if you were one of the original claimants in the class action suit from i think 1994
Samantha

Homestead, FL

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#439
Jul 17, 2008
 
hoping wrote:
I just heard from my attornry that it may help if you were one of the original claimants in the class action suit from i think 1994
I don't think one has to do with the other. I know of people that didn't file a suit and are now going with the claim for the Engle Trust.
DON FROM MIAMI

United States

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#440
Jul 17, 2008
 
I lost my father may 1992,my mother filed 1994,she pass dec,2007,my father's cancer was all in his body because of him being so weak i had to bath him,which was one of the hardest thing's I had to do.He drop a cup of water out his hands when we were in the living room.I NEVER KNEW HOW SERIOUS CANCER WAS TILL IT TOOK MY FATHER AWAY,he was so strong,MY HERO,MY MOTHER WAS NEVER THE SAME AND NITHER ME OR MY SISTER.I SAY TO ALL OF US WHO HAVE LOST LUV ONE'S LET'S NOT LET THIS CLASSACTION KEEP US APART WE ALL HAVE SOMETHING IN COMMIN,CIGAREETS CANCER HIS HIT US ALL BELOW THE WAIST GOODLUCK TO ALL.AND TO MR.MARK NO GOODLUCK TO YOU,YOU ARE A GREEDY WHATEVER A.HOLE.HOW CAN THERE BE 10,000 WHEN THE DEADLINE IS AUG,1ST,ARE YOU FROM THIS PLANET.SORRY TO ALL IT'S JUST THAT MR.MARK IS A CRAB AT THE BOTTOM OF THE BUCKET,AND I DON'T LIKE CRAB'S,WELL I LIKE THE ONE ON SPONGBOB,ALTHOUGH HE LIKE'S MONEY HE'S NOT REAL.
Survivor

United States

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#441
Jul 18, 2008
 
Hey DHH, I feel for ya, but I resent your comment about survivors who are "just in it for the easy money". Survivors of deceased smokers have felt a lot of pain watching the health of their loved ones degenerate due to smoking. And now we have to spend hours digging up documentation that brings back all the terrible memories. Hope you get your deserved share, DHH, but don't resent mine!

DHH Wrote:
Winter Park, FL Reply
|Report Abuse |#417 23 hrs ago
I began reading posts on this thread two days ago, and have only gotten to 250 out of 400. I seem to be one of the few that is filing on behalf of himself.
I hired a lawyer in Orlando in May, but cancelled the agreement within the 72 timeframe. I learned what documetation was necessary, and that I would not need legal help to mail in some documents. Fortunately, I have retained the same family doctor since 1985, and was able to get documentation of my COPD and smoking history from him. I have been on disability since 2003 with severe COPD and emphysema. Thank goodness I had good long term disability with my employer but it has still cost me about $300K in lost salary. I am still the sole breadwiiner for my wife, and help out my daughter and her two sons.
I am certain that there are many very deserving suriving spouses, and caregivers who truly deserve a piece of this fund. I am truly bothered though that there are also many relatives/survivors, who are in this just for the easy money.
It looks like the individual awards will be in the neighborhood of $12 - 15K. This might cover some of my medications (mostly generics purchased from Canada) and medical bills for the time period where I had no medical insurance. It took Social Security four years to approve my disabilbity claim so I could get Medicare.
Okay, I have vented...thanks for listening.
Best wishes to those who are in true need of help from the fund for the reason it exists.
Shame on the rest.
Best Regards,
DH
Free Advice

United States

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#442
Jul 18, 2008
 

Judged:

1

Hope everybody noticed the requirement that ALL survivors of the Indjured Smoker must sign the certification form, even if only one is submitting the paperwork. It says "add additional signature pages if necessary". For example, if your father died from smoking, you, your mother, and all of your brothers and sisters must sign the certification form, if they are still living. Otherwise your claim could be denied or held up. I am the only living survivor of my father so I don't need any additional signatures. I am sending in death certificates of my Mother and brother to document this fact.
Question

United States

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#443
Jul 18, 2008
 
Are grandchildren considered "survivors" in this class action proceding? My father was an Injured Smoker and he has two living grandchildren. Are they required to sign the certification form?
Legal Eagle

United States

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#444
Jul 18, 2008
 
Answer to "hoping". You're attorney is wrong.
Amazing how much wrong information is being provided by attorneys in this matter. Makes ya wonder?

Since: Jul 08

AOL

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#445
Jul 18, 2008
 
Question wrote:
Are grandchildren considered "survivors" in this class action proceding? My father was an Injured Smoker and he has two living grandchildren. Are they required to sign the certification form?
I just called my attorney and asked about the certification form. My brother and I, are the only surviving children of my dad. We both signed to forms already and sent them back. They sent us a third (don't ask me why?) I called again and they told me that it is ok if I sign and send it back without my brother signing because as long as there is one signature they will disburse the money to that qualifying survivor, and then it is up to them to split the money with the family members.
liz

AOL

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#446
Jul 18, 2008
 
I believe this is why there are so many reg. because some suvivors have sent in the paper work per each one that they beleive is a suvivor when only one check per smoker is going to be paid out no matter how many suvivors that apply.It will only pay a check equal per smoker.

Since: Jul 08

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#447
Jul 18, 2008
 
liz wrote:
I believe this is why there are so many reg. because some suvivors have sent in the paper work per each one that they beleive is a suvivor when only one check per smoker is going to be paid out no matter how many suvivors that apply.It will only pay a check equal per smoker.
Yes, that is correct, only one check per claimant, no matter how many survivors.
Tom From Barefootbay

United States

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#448
Jul 18, 2008
 
BAH wrote:
<quoted text>
Glad to help put. You are mistaken about what actually occurred, but that is understandable because it is complicated.
What happened was the the FL Supreme Court De-certified the Class in the original Engle Class Action lawsuit. The FL Supreme Court did so based on a belief that the class members were too dissimilar to "lump" together. When the Court took this action they gave class members and any others until January 10, 2008 to file or to re-file, as the case may be, INDIVIDUAL lawsuits against the 5 tobacco giants. The ailments covered were the same as for the Engle Trust Fund, but individual lawsuits against the companies would be allowed. The diagnosis/injury to the Florida smoker had to have occurred after May of 1990 but before Nov 21, 1996. The Engle Trust Fund was, and is, a separate and distinct entity. Claimants under the Engle Trust Fund had until June 16, 2008 to register. Read below:
If you or a family member was a Florida resident and suffered from an illness caused by cigarettes prior to November 1996, you only had until January 10, 2008, to file an individual lawsuit against the tobacco companies. Former Engle class members are also eligible to receive a share in a trust fund of approximately $600 million if you (or your decedent) have suffered, presently suffer, or have died from any of the tobacco-related medical diseases or medical conditions listed above. The disease or medical condition must have been first diagnosed or first manifested itself on or before November 21, 1996. Qualifying Engle class members must register no later than June 16, 2008, to be eligible to receive a share of the Engle Trust Fund. Registration does not assure qualification to share in the Engle Trust Fund. You will be required to submit significant medical documentation to support your claim.
responce to your comment/ I do not beleive that the courts would be so vain to not allow a good case to go forward because of a time limit for one of these illnesses to manifest itself they are not God and they are not Doctors so I beleive the case must have merit.TOM

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