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 Statist Injustice: Judges' ruling opens new front for smoker lawsuits

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Statist Injustice: Judges' ruling opens new front for smoker lawsuits Vide
PostSubject: Statist Injustice: Judges' ruling opens new front for smoker lawsuits   Statist Injustice: Judges' ruling opens new front for smoker lawsuits Icon_minitimeWed Oct 21, 2009 3:07 am
Massachusetts' high court has said Philip Morris USA may have to pay for diagnostic chest exams so smokers can get early warning they have developed lung cancer, possibly opening a new front in tobacco liability lawsuits.

In a unanimous ruling, the Supreme Judicial Court said on Monday that Massachusetts law has an antiquated definition of negligence. Historically, plaintiffs had to show explicit injury, such as a broken leg, before the other party could be ordered to pay for diagnostic tests.

Writing for the court, Justice Francis Spina said such legal thinking must change. ''We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury, which should be compensable, even if the full effects are not immediately apparent,'' he wrote.

The court's decision means a lawsuit filed by two Massachusetts smokers can move forward in the US District Court. The federal judge in that case had asked the Massachusetts high court to rule on a question of state law before the lawsuit could proceed.

The federal suit is seeking class certification, which would allow thousands of other Massachusetts smokers to join the lawsuit, which covers people 50 or older who have smoked at least one pack a day of Marlboro cigarettes for at least 20 years.

If a jury sides with the smokers, Philip Morris could be required to pay for each patient's low-dose computed tomography scan, which can detect early-stage lung cancer.

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