United States:
New York's Highest Court Does Not Recognize Claims For Medical Monitoring – For Now: Using "Phobia" Claims As A Backdoor To "Medical Monitoring?"
24 December 2013
Schnader Harrison Segal & Lewis LLP
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Striking a blow to the plaintiff's bar, New York's
highest court has ruled that medical monitoring is not a separate
cause of action under New York law. In Caronia v. Philip Morris
USA, Inc. the Court of Appeals refused to recognize a new,
independent cause of action for medical monitoring. This Alert
discusses the possible implications of this decision.
Please click
here to read the full Alert.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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