In Caronia v. Philip Morris USA, Inc., No. 227 (N.Y. Dec. 17, 2013), the New York Court of Appeals addressed the viability of medical monitoring claims under New York law.  Plaintiffs, cigarette smokers who had not been diagnosed with lung cancer and were not suspected of having cancer, brought an equitable cause of action in federal court seeking a medical monitoring program that would provide CT scans for early detection of lung cancer.  The district court dismissed the claim, but observed that New York would likely recognize the medical monitoring claim.  Before ruling on the appeal, the Second Circuit certified two questions to the New York Court of Appeals:  (1) whether a smoker, like the plaintiffs, may pursue an independent cause of action for medical monitoring for an undiagnosed, unsuspected disease; and (2) if so, what are the elements of the cause of action, what is the statute of limitations, and when does the cause of action accrue.  The New York Court of Appeals answered that New York law does not permit an independent cause of action for medical monitoring and reiterated the State’s longstanding requirement of present physical harm or property damage before a plaintiff may recover costs associated with medical monitoring.  The court noted a plaintiff who presently has a physical injury could still recover for medical monitoring as consequential damages, as long as the plaintiff establishes an entitlement to damages as part of another tort cause of action.  In light of its answer to the first question, the court declined to answer the second question about the particulars of the cause of action.  Based upon those responses, the Second Circuit affirmed the dismissal of the case.