FRANKFORT — Smokers cannot get a piece of Kentucky's portion of the national tobacco settlement, though they can still pursue their own claims for smoking-related health problems, the Kentucky Supreme Court ruled Thursday.

        Kentucky was one of 46 states that reached settlements with the cigarette manufacturers to recover the health-related costs of smoking. Under the terms of the agreement, Kentucky could receive as much as $3.45 billion over 25 years.

        Sixteen months after the final judgment in the case, a group of Bowling Green lawyers sued the state, seeking some of the money. The lawsuit claimed to represent people suffering from tobacco-related illnesses whose treatment had been paid for with Medicaid funds. The suit said the individuals should receive any money paid by the tobacco companies in excess of the Medicaid costs incurred by the state.

        The court, in a unanimous ruling written by Chief Justice Joseph Lambert, said the lawsuit was simply too late.

        The suit was filed after the General Assembly decided how to apportion the funds but before Gov. Paul Patton signed the legislation. Lawyers said the sick smokers never received legal notice that they had a potential interest in the proceedings.

        The court noted, however, that there was widespread news coverage of the debate over the tobacco settlement proceeds. Generally, the legislature set aside about half the money to develop agriculture initiatives and spread the remainder among early childhood education, a state health insurance program for people with high-risk conditions, anti-smoking efforts and endowing research programs in higher education.

        Bowling Green attorney Mike Breen, who claimed to represent about 50 smokers and said his suit spoke on behalf of all smokers who got Medicaid treatment, told the court during oral arguments they would be left without a way to get compensation.

        Mr. Lambert's ruling, however, said the national settlement specifically leaves open the possibility of individual claims for damages.

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