The widow of Hall of Famer Tony Gwynn and their two children, former major leaguer Tony Gwynn Jr. and Anisha Gwynn-Jones, have filed a wrongful death lawsuit in San Diego Superior Court arising out of Gwynn’s death of oral cancer in 2014.
According to the lawsuit, Gwynn started dipping as a 17-year-old while playing baseball for San Diego State. According to the complaint, “Once Defendants got Tony addicted to their products, he became a self-described `tobacco junkie”‘ who used 1 1/2 to 2 cans of Skoal per day.” The suit seeks unspecified damages against Altria Group Corp., the parent company of Philip Morris, and US Smokeless Tobacco Co. LLC.
It will not be an easy lawsuit for the Gwynn family to win. While Gwynn himself cited his copious tobacco use as the cause of the salivary gland cancer which eventually killed him — and while it makes a lot of intuitive sense to assume that smokeless tobacco use + time = oral cancer — Gwynn’s specific form of cancer, of the parotid gland, is not associated with tobacco use. The gland which developed the cancer was around his ear and there has been no observed link between smokeless tobacco use and cancer of that particular gland, let alone any sort of consensus on the matter. There are strong links, obviously, between smokeless tobacco use and cancer of the stomach, esophagus, pancreas, mouth, and throat, in addition to other health problems.
None of which is to say definitively that tobacco didn’t cause Gwynn’s cancer — there just isn’t enough medical data on this form of cancer to be so certain — or that the defendants in this case may not settle with the Gwynn family to avoid the expense, risk and bad p.r. of defending a suit arising out of the death of a beloved figure. But it is certainly not a slam dunk by any stretch of the imagination, and Gwynn’s family will have the burden of proof.