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...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.