Howard v. Mt. Sinai Hospital, Inc.

The sole issue on this appeal relates to the element of damages: whether the present fear or phobia that the plaintiff will develop cancer in the future is compensable.

Negligence is conceded. The sole question then is one of causation. The long-standing rule on whether a particular claim of damages is compensable is:

“. . . negligence plus an unbroken sequence of events establishing cause-in-fact does not necessarily lead to a determination that the defendant is liable for the plaintiff’s injuries. The determination to not impose liability [because of remoteness of cause] in instances where a…