Articles

Fear of Future Injury: Compensation or Not

Barrister Magazine (June 1985), By Richard J. Finn, Joshua S. Goodman and H. Christian L’Orange

In a companion article authored by the Honorable Daniel H. Weinstein, his Honor discusses the fear of cancer claims raised during the Arnett v. Dow Chemical Company (1983) S.F. Master File No. 729586 case.  In that particular matter, the court was presented with two relatively novel issues concerning whether risk and/or fear of cancer constituted compensable injuries.  While the risk of cancer issue was precluded, the court did permit the issue of fear of cancer to go to the jury.  The court’s decision was based upon the presence of verifiable objective criteria which guaranteed that plaintiffs’ fear of cancer claims were both sincere and reasonable.  More…