“‘Phobia’ Claims – NY’s Backdoor To ‘Medical Monitoring?”On January 13, 2014 by Schnader
Carl J. Schaerf and Allison N. Fihma authored the article “‘Phobia’ Claims – NY’s Backdoor To ‘Medical Monitoring?” which was published on January 9, 2014 in Law360. The article analyzes Caronia v. Philip Morris USA Inc., N.Y., No. 227, decided on by the New York Court of Appeals, which resulted in a 4-2 decision that New York does not recognize an independent medical monitoring cause of action. The decision was highlighted by sharp and barbed contrasts between majority and dissent. It raises the question of whether “phobia” claims might be the next line of argument by the plaintiff’s bar toward developing a medical monitoring doctrine in New York.