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Expert Analysis

NY Medical Monitoring Cases Are Ones To Watch

Law360, New York (April 10, 2014, 6:00 PM EDT) -- Last December, the New York Court of Appeals declined to create a stand-alone cause of action for medical monitoring in Caronia v. Philip Morris USA Inc. (2013). New York followed Michigan and Oregon in rejecting the claim, but other states, including California, Louisiana, Massachusetts and Pennsylvania, recognize these claims. See Henry v. The Dow Chemical Co. (2005); Lowe v. Philip Morris USA Inc. (2008); Potter v. Firestone Tire & Rubber Co. (1993); Donovan v. Philip Morris USA Inc. (2009); Redland Soccer Club Inc. v. Department of the Army and Dept. of Defense of the U.S. (1997)....

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