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Case Notes

By ALM Staff | Law Journal Newsletters |
November 24, 2009

Exception to PA's One-Disease Rule

In Abrams v. Pneumo Abex Corp., 17 EAP 2009 (Oct. 21, 2009), the Pennsylvania Supreme Court's long-awaited decision creates a significant exception to the “one-disease” rule for plaintiffs who sued for non-malignant asbestos-related injuries prior to 1992 and recovered damages both for the non-malignancies and for the increased risk and fear of future cancer. Under Abrams, plaintiffs who recovered for asbestos claims under the one-disease rule can now file a second claim if they are later diagnosed with cancer, as long as the defendants in the new suit were not a party to the pre-1992 suit.

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