Increasing numbers of plaintiffs are seeking emotional distress damages engendered by a fear of contracting cancer. In the toxic tort field, many fear-of-cancer lawsuits to date have involved complex claims of exposure to carcinogenic, or potentially carcinogenic, compounds, such as asbestos or petroleum additives. However, to date, only a few jurisdictions have established prima facie standards for this complex cause of action in the absence of a physical injury, and in arriving upon these standards, the courts have been challenged with the task of balancing competing public policy interests.
Despite improving medication and treatment, cancer remains a life-threatening illness that can result in emotional distress if one legitimately fears developing cancer. Moreover, because one person may develop cancer from a different level of exposure than another, and the latency period of cancer varies from person to person, it is possible that one could experience postexposure distress prior to being actually diagnosed with cancer.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]