We’re pleased to report that in Caronia v. Philip Morris, No. 227, slip op. (N.Y. Dec. 17, 2013), the New York Court of Appeals refused to create a new tort cause of action for medical monitoring.  The money quote:

We conclude that the policy reasons set forth above militate against a judicially-created independent cause
of action for medical monitoring. Allowance of such a claim, absent any evidence of present physical injury or damage to property, would constitute a significant deviation from our tort jurisprudence.

Slip op. at 14.  Bexis is particularly pleased with this win as he and two other RS attorneys (Dan Winters and David Bird) authored a defense amicus brief for the Product Liability Advisory Council in Caronia.

Add New York to the list of jurisdictions rejecting medical monitoring claims where the plaintiffs allege no physical injury.