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.
