Philip Morris wins in medical monitoirng case in Massachusetts

The New York Court of Appeals in Caronia v. Philp Morris spurned a claim for medical monitoring by long time smokers against Philip Morris.  The Massachuetts case went to trial.  The jury found Marlboro cigarettes are not defective - that there is no alternative safer design that would meet the needs of a "non-addicted" smoker.  The finding shocks me.  Marlboro's were designed to maximize the output of free base nicotine - making them defective.  A California jury found for plaintiff  in Boeken v. Philip Morris on that theory.

Very disappointing to see Philip Morris win one like this.

- GWC

Donovan et al v. Philip Morris USA, Inc. 06-12234 (Docket Track) - 09/23/2016

Docket Number:	1:06-cv-12234 in United States District Court for the District of Massachusetts
Title:	Donovan et al v. Philip Morris USA, Inc.
Date Filed:	Dec 14, 2006

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Docket Entries Entry # Filing Date Description 741  Sep 22, 2016  Judge Denise J. Casper: ELECTRONIC ORDER entered. In accordance with D. 540, 569 and 733, the Court reserved judgment on Plaintiffs' c. 93A claim against Defendant Philip Morris. This claim, as both parties acknowledge, is premised upon the breach of implied warranty of merchantability (i.e., the design defect claim). D. 29 at &para&para 100-110; D. 736 at 2; D. 725-1 at 3 (noting that a breach of warranty claim generally constitutes a violation of c. 93A and cases cited). It was the design defect claim for which a jury, after a contested and well-tried case by both sides, found Philip Morris, not liable. D. 718 (verdict form). Having considered the evidence presented at trial and the parties' proposed findings of fact and conclusions of law, 725, 736, 740 (Plaintiffs' reply), the Court renders judgment for Philip Morris on the c. 93A claim and makes the following findings and conclusions.The jury found for Philip Morris on the design defect claim, finding in the first instance that Plaintiffs failed to show that Marlboro cigarettes produced by the Defendant are defective and unreasonably dangerous. D. 718 at 1. The court finds that the Plaintiffs failed to show that there was a safer, feasible alternative design for Marlboro cigarettes (i.e., an alternative design that would not unduly interfere with the performance of the product from the perspective of a rational, informed, non-addicted consumer) and that the Defendant's failure to adopt a safer, feasible alternative design was unreasonable. The Court adopts the Defendant's proposed findings of fact, D. 736 at &para&para 14-82 in this regard.Having found and concluded that Plaintiffs failed to prove this first, requisite element of the breach of implied warranty of merchantability claim, the Court need not address the remaining elements of that claim. D. 715 at 159-60 (jury charge addressing elements of design defect claim). Since this claim was the basis of the alleged unfair and deceptive act under c. 93A, the Court concludes, by a preponderance of the evidence and based upon the same findings of fact, that Plaintiffs c. 93A claim fails as well.Accordingly, the Court shall enter judgment for Defendant Philip Morris as to the c. 93A claim (Count III). (Hourihan, Lisa) (Entered: 09/22/2016)  742  Sep 22, 2016  Judge Denise J. Casper: ORDER entered. JUDGMENT (Hourihan, Lisa) (Entered: 09/22/2016)