Everyone knows that class action trials are rare. After a defense verdict this week for Diane Sullivan and her client Philip Morris USA, an unusual type of class action facing the tobacco industry may soon be extinct, at least in Massachusetts.
Capping a 10-day trial, a jury in Boston on Wednesday refused to force the cigarette maker to pay for chest scans for thousands of smokers in the state. The case, Donovan v. Philip Morris, marked the most important test in years for the viability of medical monitoring claims against Big Tobacco. Healthy smokers have been blocked from bringing such claims in state after state, leaving plaintiffs lawyers hoping for a breakthrough in the Massachusetts litigation.
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