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Federal Jury in Boston Rejects Healthy Smokers’ Claim for Medical Monitoring

A long smoldering class action that sought to make a cigarette maker pay for healthy smokers’ chest scans was finally stubbed out yesterday by a unanimous federal jury in Boston.

Originally filed in 2006, Donovan, et al. v. Philip Morris USA Inc. sought on behalf of tens of thousands of longtime but asymptomatic Massachusetts smokers over the age of 50 a 28-year program of annual chest scans at an estimated cost of $190 million.

Post trial proceedings are expected, and as reported by, U.S. District Judge Denise Casper will now have to decide if Philip Morris violated state consumer protection law.

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