New York’s Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using “Phobia” Claims as a Backdoor to “Medical Monitoring?”

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.

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