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Unpublished Paper
The Next Threshold in Medical Monitoring
(2010)
  • Denis Binder
Abstract
Tobacco litigation has been with us for 6 ½ decades. The related field of Toxic Torts is 3 decades old. Both have common and overlapping issues of causation, damages, discovery, and theories of relief, but with the exception of a few cases involving asbestos and tobacco, they have generally existed in parallel legal universes. A recent Massachusetts opinion, Donovan v. Philip Morris USA, Inc. has finally woven them together in a novel case applying the Toxic Torts remedy of medical monitoring for sub-clinical injuries in a tobacco case.
Keywords
  • Medical monitoring,
  • Toxic Torts,
  • tobacco,
  • causation,
  • cigarettes,
  • Tort,
  • litigation,
  • subclinical injuries
Disciplines
Publication Date
April 28, 2010
Citation Information
Denis Binder. "The Next Threshold in Medical Monitoring" (2010)
Available at: http://works.bepress.com/denis_binder/8/