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Massachusetts Recognizes a Claim for Medical Monitoring Absent Symptoms of Physical Harm by Kaye Scholer LLP - New York Office
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October 28, 2009
Previously published on October 22, 2009
In a recent decision of importance to the life sciences industry, the Massachusetts Supreme Judicial Court ruled that smokers who sued a cigarette manufacturer "for medical monitoring, based on subclinical effects of exposure to cigarette smoke and increased risk of lung cancer, state a cognizable claim." Donovan v. Philip Morris USA, Inc., 2009 WL 3321445, Mass., Oct. 19, 2009 (SJC-10409). The ruling was issued in response to a question that had been certified by the United States District Court for the District of Massachusetts in the context of a summary judgment motion by Philip Morris seeking dismissal of a putative class action.
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