unitex@rubbs.fidonet.org (unitex) (08/28/89)
N.J. COURT LIMITS SUITS FOR TOXIN EXPOSURE The right of plaintiffs to seek damages based on an enhanced risk of developing cancer or other diseases as a result of exposure to toxic materials has been sharply limited by a New Jersey Supreme Court ruling that such plaintiffs must show a ``reasonable medical probability'' that the disease will ensue. New Jersey thus joins a number of other state and federal panels that have restricted the right to claim compensation for increased risk of a disease as opposed to the condition itself. Because toxin-related diseases often do not show up until years after exposure, that is a standard that will be difficult to meet. In the current case, Roger Mauro, a former repairman and plumber-steamfitter who was exposed to asbestos, brought suit against Owens-Corning Fiberglas Corp., Pittsburgh Corning Corp., Eagler-Picher Industries Inc., and the Keene Corp., alleging both present damage from his exposure and risk of future damage. A trial court permitted the jury to consider claims based on his existing injuries, including lung scarring, and emotional distress. However, the jury was not allowed to consider Mr. Mauro's claim of increased risk of contracting cancer because he could not show that it was ``probable'' that he would do so. The jury returned a verdict of $7,500 against three of the defendants but nothing against Keene. The decision to limit recognition of enhanced-risk claims came out of a concern that ``inevitably, damage awards would be rendered for diseases that will never occur, exacting a societal cost in the form of higher insurance premiums and higher product costs,'' the court said. Plaintiffs can always sue for damages later, the court added, if a disease actually materializes. THE WALL STREET JOURNAL August 2,1989 p.B-4. (Compiled from Newspapers and Medical Journals for IMTS's Healthweek In Review.) * Origin: UNITEX --> Toward a United Species (1:107/501) --- Patt Haring | UNITEX : United Nations patth@sci.ccny.cuny.edu | Information patth@ccnysci.BITNET | Transfer Exchange -=- Every child smiles in the same language. -=-