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OCR Page 1 of 72United States is obligated to pay costs of health care.
160. As a direct and proximate result of defendants' failure to exercise reasonable care in
the performance of their undertaking, cigarette smokers have suffered and will continue to suffer
physical harm. Among other things, smokers have experienced diminished overall health and an
increased risk of disease and illness, and have endured smoking-related diseases, and injuries.
Among those who suffered injury as a result of defendants' tortious conduct are persons for whom
the United States has furnished or paid for, and will furnish and pay for, hospital, medical, surgical,
or dental care and treatment under various federal programs, including those referred to in the third
numbered paragraph of Section V. A., above.
5.
Defendants' Liability for Civil Conspiracy
161. At all times material to this action, defendants participated in a civil conspiracy
among themselves, and with other persons known and unknown, the purposes of which were, inter
alia: (a) to conceal knowledge of the harmful effects of cigarette smoking from the public, the
medical and scientific community, and governmental authorities; (b) to create an illusion of
conducting scientific research on cigarettes and cigarette smoking so as to mislead the public
concerning the health effects of smoking and the industry's knowledge of those health effects; (c) to
create an illusion of a genuine scientific controversy concerning whether smoking was harmful to
health, when no such genuine controversy actually existed; (d) to mislead the general public, the
medical and scientific community, and governmental authorities concerning the addictive properties
of nicotine; (e) to mislead the general public, the medical and scientific community, and
governmental bodies about the actual nicotine and tar delivery of supposedly "low tar" and "low
nicotine" cigarettes as they are actually smoked, in order to mislead smokers into believing that
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