Oct. 19 (Bloomberg) -- Philip Morris USA can be sued by cancer-free smokers seeking a court order that the company pay for medical monitoring for signs of the illness, the highest court in Massachusetts ruled.

Answering two state-law questions referred to it by a federal court where the smokers proposed a group lawsuit is pending, the Massachusetts Supreme Judicial Court today ruled that the long-term yet cancer-free smokers can pursue their monitoring claim according to state law.

“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,” the high court said.

Philip Morris USA, the maker of Marlboro cigarettes, is a unit of Richmond, Virginia-based Altria Group Inc. In a statement issued by an in-house attorney, the company disagreed with the court’s findings.

The smokers’ suit was filed in 2006 by Massachusetts resident Kathleen Donovan and two other people living in the state.

All three plaintiffs said they were more than 50 years old, were long-term Marlboro smokers and were apparently cancer-free. Seeking relief for themselves and others similarly situated, they asked the court to direct Philip Morris to provide the medical screening program and to tell prospective class members about the program’s benefits.

Guidance Sought

Philip Morris asked U.S. District Judge Nancy Gertner in Boston to throw out the suit, challenging the validity of the claim for recompense without injury and whether the suit was timely.

The judge in February referred the question to the state’s highest court for guidance on how it interpreted Massachusetts law, then put the case before her on hold until the Supreme Judicial Court responded.

“It is important to note that the opinion of the court is limited to the narrow issue of whether the plaintiffs can pursue their claim and does not make any findings related to class certification or liability,” Altria Vice President and Associate General Counsel Murray Garnick said in an e-mailed statement.

Garnick said his company would continue to seek dismissal of Donovan’s suit, saying that six of the last seven state supreme courts asked to consider the issue have rejected future- injury monitoring claims.

The federal court case is Donovan v. Philip Morris USA Inc., 06cv12234 in the District of Massachusetts (Boston). The Supreme Judicial Court matter is Donovan v. Philip Morris USA Inc., SJC-10409.

To contact the reporter on this story: Andrew M. Harris in Chicago at aharris16@bloomberg.net.

Last Updated: October 19, 2009 15:34 EDT