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MA Recognizes Medical Monitoring Based on Exposure to Cigarette Smoke

By David R. Geiger

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. Though the decision is rendered in the context of a cigarette product liability case, it will have broad implications for product manufacturers and sellers.

The Case

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