Mass. Supreme Court Recognizes Medical Monitoring Cause of Action

BOSTON -- Massachusetts' high court has recognized a cause of action for medical monitoring, saying that cases in which a plaintiff's reasonable medical expenses have increased should be allowed to proceed, despite the absence of a present, physical injury. Donovan v. Philip Morris USA Inc., No. SJC-10409 (Mass. Sup. Ct.).

In its Oct. 20 opinion, the Massachusetts Supreme Court noted that its tort laws originated in the late 19th and 20th Centuries and concluded that it "must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury which should be compensable even if the …