VANCOUVER—The British Columbia government must hand over health information that tobacco giant Phillip Morris International says it needs to fight the province’s efforts to recover health-care costs from tobacco related diseases.
In a unanimous decision, a B.C. Court of Appeal panel upheld a lower court order that Philip Morris must have access to the raw data used by the province in 2001 when it launched its lawsuit against 13 tobacco companies, including Philip Morris.
The lawsuit seeks repayment of health-care expenses for treating patients exposed to tobacco products.
The B.C. government fought the lower court ruling, arguing the raw data contains a range of health-care information about specific patients and its release could violate privacy laws.
But B.C.’s highest court says names and information that could identify patients may be removed, but trial fairness requires production of the information requested by Philip Morris.
The three-judge panel ruled the information is essential to proving causation and damages, and withholding those details from tobacco companies would “tip the playing field unfairly in the province’s favour.”
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