Tobacco industry loses court appeal

The US tobacco industry has lost an appeal for a legal review of the ground rules for trials involving about 3,125 flight attendants seeking money for illnesses blamed on passive smoking.

The industry wanted the Florida appeals court to review a judge's interpretation of a £230m national class-action settlement.

It created a system of mini-trials for attendants suing the four biggest US cigarette makers.

The judge ruled that the 1997 settlement required the industry to prove in individual trials that smoke did not cause an attendant's illness. In standard civil trials, the burden of proof is reversed.

But the 3rd District Court of Appeal has refused to get involved, saying the industry sought the review too late.

Philip Morris spokesman John Sorrells says lawyers for the company will decide within 10 days whether to appeal further.

Patty Young, an American Airlines attendant who blames chronic sinus problems on the smoking of passengers, says she's happy with the court's decision.

"We need to have our days in court to prove what's happened to us," Ms Young says.

The tobacco industry settled the lawsuit by agreeing to pay £230m, with £200m of that total set aside for a medical research foundation. The rest went towards legal fees.

It is now up to the attendants to sue individually for medical costs, pain and suffering. Only one case has gone to trial, and the flight attendant lost.