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Pediatrician Led Anti-tobacco Lawsuit

Dr. Howard A. Engle, the veteran Miami Beach pediatrician who lent his name to a landmark class action suit against Big Tobacco, died Wednesday at home, said son David Engle. He was 89 and suffered from smoking-related respiratory disease and lymphoma. He had been in hospice care since last fall -- when he finally quit smoking.

Decades before he signed on as lead plaintiff in what became known as the ``sick smokers of Florida'' suit, Engle was an institution in Miami Beach, where he treated multiple generations of many families before retiring from private practice in 1997. He was also revered in Miami's black community for refusing to segregate his practice in the pre-civil rights era and for opening an office in Liberty City.

Famously gruff and forthright, Engle was nonetheless single-mindedly dedicated to his young patients. ``He treated all his patients as if they were his own kids,'' son David said. ``He'd stay up all night with a sick kid who was thought to be hopeless.'' Anyone who knew Howard Engle understood that he cared far more about his role as a doctor than as a litigant -- even though Engle, et al. v. R.J. Reynolds Tobacco Co., et al, marked a seismic shift in the legal battle against a once-invincible industry.

In 1994, Miami personal-injury lawyers Susan and Stanley Rosenblatt filed the class action lawsuit in Miami-Dade Circuit Court. They asked Engle -- who had treated eight of their nine children -- to represent some 700,000 Florida smokers. They knew he had been tobacco-addicted since the cigarette companies gave University of Wisconsin medical students like him free smokes in the early 1940s, that he had been unable to quit and that he loathed Big Tobacco's strategies to hook youngsters.

The Engle case was the first smokers' class action to come to trial in a U.S. court. A Miami-Dade jury, after hearing 157 witnesses in two years, decided that the industry had intentionally misled smokers about cigarettes' dangers and awarded a record-breaking $145 billion in damages. The case went twice to the Third District Court of Appeal in Miami, which initially upheld, then overturned the smokers' class certification, nullifying the award.

In 2006, Florida's Supreme Court declined to reinstate the award but let stand the finding on industry deception. That relieved potential plaintiffs of a significant burden: reestablishing disease causation anew in every case. Last February, in the first of 8,000 individual cases, a Broward County jury ruled that Philip Morris USA owed $8 million to the family of Cooper City locksmith Stuart Hess. The 40-year chain smoker died in 1997 of lung cancer at 55. The company is appealing.

Howard Engle made many attempts to quit smoking -- and none to hide his habit. ``Goddammit! I'm an addict!'' he growled to a Herald reporter in 2006, lighting a Marlboro Medium as he gasped and coughed. Wrapped in a kimono, he sat in his Venetian Islands living room surrounded by his artist wife's paintings and his collection of antique Samurai swords. ``When you went into the office, you knew he smoked,'' said nurse Betty Hepburn, who worked 30 years for Engle at Children's Medical Group, 975 41st St.

A pediatric neurologist, Engle was involved with United Cerebral Palsy telethons and treated disabled children referred by social-service agencies gratis. ``People used to come from Nassau to see him,'' Betty Hepburn recalled. ``The people from South America just loved him.'' But he wasn't always easy to work for or with. ``You either liked him or didn't,'' Hepburn said. ``He came at you full force, and he did not bite his tongue.'

As chief of pediatrics at Mount Sinai Medical Center from 1961 to 1970, ``when he called, everybody jumped and things started moving,'' she said. ``Everybody respected him.'' In an e-mailed statement, Steven D. Sonenreich, Mount Sinai's president/CEO, called Engle ``a dedicated member of our medical staff,'' which he joined in 1949, when the hospital opened.

Engle ``watched his young patients grow up and when they started their own families he often took care of their children, which is quite a testament to his career as a pediatrician,'' Sonenreich said. Howard Aaron Engle, born Sept. 11, 1919, grew up in what was then the only Jewish family in Pewaukee, Wisc. He earned both undergraduate and medical degrees from the University of Wisconsin and recalled how R.J. Reynolds representatives ``stood on street corners passing out these little five-cigarette packs'' free to students.

Engle served two years in the post-war U.S. Army in Germany before starting a practice in Chicago, where he treated polio victims. A born crusader, Engle raged against teenage drug use before the Dade County School Board in the 1970s, against irresponsible parents and inadequate sex education in the 1980s and against tobacco in the 1990s. He knew that in doing so, he'd open himself to unwanted attention.

``I put myself in the middle of the target and took a lot of bumps because of it,'' he said in 2006. ``I got a lot of negative reaction -- from patients, friends, fellow physicians.'' But the criticism ``went with the territory,'' Stanley Rosenblatt said after Engle's death. ``He was a realist and didn't kvetch about it or look for trouble. He was not happy [about the flak] but he was committed to'' the case. ``He had the courage to be involved in this litigation.''

One bright spot in his last, difficult years was a special achievement award from the American Academy of Pediatrics for his emphasis on smoking as a childrens' health issue. Aside from his debilitating ailments, Howard Engle was beset by financial worries. Money was never a priority. ``He was seeing patients, not the meeting with wealth-management people,'' Stan Rosenblatt said. ``He didn't know a hedge fund from a hedgehog.''

But he did live long enough to get some of Big Tobacco's money: part of a $600 million trust fund that a Miami-Dade Circuit judge ordered equally distributed to all beneficiaries. On Thursday, the fund's trustee, lawyer Miles McGrane III, said that 42,558 Floridians have received $575 million, and that the trust is searching for remaining eligible recipients.

``I spent an afternoon with [Engle] about nine months ago,'' McGrane said. ``He was . . . so excited to learn how the trust in his name was distributing the benefits of his labors.'' Engle, he said, received the standard sum: $13,016.39. In addition to son David, Howard Engle is survived by his wife, Brooke; son Jon, and daughter Alison.

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