NY High Court Mulls Smokers' Medical Monitoring Claims

By Andrew Scurria (November 13, 2013, 5:56 PM EST) -- New York's top appeals court appeared sympathetic on Wednesday to establishing a new cause of action against tobacco companies for medical monitoring of smokers exhibiting no tobacco-related disease, as judges cited the potential benefits to the health care system.

Several judges of the New York Court of Appeals appeared receptive to assertions from a putative class of smokers suing Philip Morris USA Inc. that under principles of equity those who have not sustained injuries from their longtime habits should still be able to bring a stand-alone claim for lung cancer screening costs.

The suit landed before the Court of Appeals after the...

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