Case Study: Donovan V. Philip Morris

Law360, New York (February 9, 2010, 11:36 AM EST) -- In a decision rendered in the context of a cigarette product liability case but with broad implications for product manufacturers and sellers, the Massachusetts Supreme Judicial Court ("SJC") has recognized a cause of action for the projected costs of medical monitoring when a product has not caused any actual disease or illness but solely subclinical physiological changes associated with an increased risk of disease.

Plaintiffs in Donovan v. Philip Morris USA Inc., SJC-10409 (Mass. Oct. 19, 2009), filed suit in the United States District Court for...
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