Mass Torts Partner Discusses Medical Monitoring Claims

Law360 | May.01.2013

This article, about the Second Circuit asking the New York Court of Appeals to determine whether smokers can bring a stand-alone medical monitoring claim against a tobacco company if they are not injured, quotes mass torts and product liability partner John Ewald.

Most New York federal courts have ruled that the state would recognize an independent medical monitoring claim, the panel said. Other states' highest courts are divided on the matter.

Ewald stated that even if the court decides medical monitoring claims cannot stand alone, it would not necessarily end monitoring as a damages element.

"Where you don't have the statute of limitations problem at issue in the Second Circuit case, it could still allow plaintiffs to pursue the same relief, but not as an individual cause of action," Ewald said.​