Major NY Law Firm Brags of Denying Smokers ‘Standard of Care’ For ‘Early Detection of Lung Cancer’
A class action lawsuit against tobacco giant Phillip Morris wrapped up last week with a ten person jury determining that the company should not have to offer CT scans to smokers. The plaintiffs, a class of Massachusetts smokers, argued that Philip Morris knew cigarettes were dangerous and defective, could have easily made them safer and therefore should cover the costs of tests to assess whether the smokers had developed lung cancer.
What made this case particularly interesting was that the plaintiffs were not seeking monetary damages but just low dose scans that can detect early-stage lung cancer often too small to show up on traditional X-rays.
Before the case began, Law professor Richard Daynard of Northeastern told the Associated Press that this one was stronger than many past legal efforts because: “you have better technology which captures the tumors at a much earlier stage where there’s a very good chance that if you get them that the person … is probably not going to die from it,”
Putting aside the legal arguments, at the least, it seems like a pretty compelling emotional and moral argument. Well, the law firm that represented Phillip Morris, New York based Weil Gotshal and Manges seemed to recognize that too. They actually issued a…
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