Massachusetts Court Says Smokers’ Lawsuit Can Go Forward

Cigarette maker Philip Morris USA Inc. might have to pay for chest scans so long-time smokers can get early warning of lung cancer, the highest court in Massachusetts ruled.

The Supreme Judicial Court ruled unanimously that under some circumstances, Massachusetts law recognizes a claim by individual smokers for medical monitoring even without the presence of an actual injury.

The ruling means a lawsuit filed by three Massachusetts smokers can move forward in U.S. District Court. If a jury decides in favor of the smokers, Richmond, Va.-based Philip Morris could be required to pay for low-dose computed tomography scans, which can detect early-stage lung cancer.

Lawyers for the Massachusetts smokers are seeking class certification, which would allow thousands more smokers in the state 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.

The smokers argued that even though they have not been diagnosed with lung cancer, they have received an injury – damages to the tissues and structures of their lungs – that gives then a substantially increased risk of cancer. They claim the injury was caused by Philip Morris’ negligence by manufacturing Marlboro cigarettes that contain a dangerous quantity of carcinogens, and that they are entitled to medical monitoring to determine whether they do contract cancer.

The SJC was asked to rule on a question of state law by the federal judge who is hearing the lawsuit. The ruling means the lawsuit can proceed in federal court.