ARTICLE
14 January 2014

"'Phobia' Claims — NY's Backdoor To 'Medical Monitoring?"

SH
Schnader Harrison Segal & Lewis LLP

Contributor

Schnader Harrison Segal & Lewis LLP logo
Schnader is a full-service law firm of 160 attorneys with offices in Pennsylvania, New York, California, Washington, D.C., New Jersey, Delaware and an affiliation with a law firm in Jakarta. We provide businesses, government entities, and nonprofit organizations throughout the world with innovative, practical, and cost-effective solutions to their business and litigation needs. We also provide wealth management and an array of personal legal services to individuals.
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.
United States Consumer Protection

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.

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More