In Boeken v. Philip Morris USA Inc., 159 Cal.Rptr.3d 195 (Cal. Ct. App. 2013) (No. B236875), the California appellate court addressed the question of measuring damages for loss of consortium where the decedent had recovered personal injury damages prior to his death. Here, plaintiff’s father had sued defendant and recovered compensatory and punitive damages for lung cancer resulting from his smoking of defendant’s cigarettes. Shortly thereafter the injured father died, and his son, the plaintiff here, sued for loss of consortium damages. Defendant asserted that because plaintiff’s decedent had received full compensation for injuries up until the time of his death, the plaintiff in this case could recover consortium damages value based only on the value of consortium provided by his father just before his father’s death. Plaintiff asserted that he should be entitled to recover full consortium damages based upon the level of consortium he enjoyed before his father’s illness on the theory that his loss of consortium was an injury to him, and not to his father, and therefore his father’s recovery was irrelevant to the calculation of his consortium damages. The California Appellate Court ruled for the son, holding he is entitled to prove and recover full consortium damages and was not limited to the value of the consortium he received at the time of his father’s death.