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SJC rules Philip Morris may have to pay for smokers’ chest exams  

The state's high court said yesterday that cigarette maker Philip Morris USA may have to pay for diagnostic chest exams so smokers can get early warning they have developed lung cancer, possibly opening a new front in tobacco liability lawsuits.

In a unanimous ruling, the Supreme Judicial Court said Massachusetts law has an antiquated definition of negligence. Historically, plaintiffs had to show explicit injury, such as a broken leg, before the other party can be ordered to pay for diagnostic tests.

Writing for the court, Justice Francis X. Spina said that such legal thinking must change. "We must adapt to the growing recognition that exposure to toxic substances and radiation may cause substantial injury, which should be compensable, even if the full effects are not immediately apparent,'' he wrote.

The court's decision means that a lawsuit filed by two Massachusetts smokers can move forward in US District Court.

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