Donovan v. Philip Morris USA, Inc.: The Best Approach to Satisfying the Injury Requirement in Medical Monitoring Claims

Abstract

Medical monitoring claims seek money damages for the costs of medical testing required after toxic exposure. However, victims of toxic exposure often face challenges proving medical monitoring claims. Many courts require plaintiffs prove they have a present physical injury, and victims usually do not have any disease or illness attributable to the toxic exposure when they bring medical monitoring claims. This Note argues that while a present physical injury should be required, a plaintiff that demonstrates subcellular changes indicating toxic exposure and an increased risk of developing a disease sufficiently satisfies the present physical injury requirement. The best standard for addressing a medical monitoring claim was outlined in Donovan v. Philip Morris USA, Inc., a recent decision by the Supreme Judicial Court of Massachusetts.