The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided in two states while the rest have not specifically addressed the issue.

States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years.

Medical monitoring recognizes the long-term harmful nature of toxins and man-made products, thereby matching a remedy with the malady.

In this webinar the speakers will discuss the evolution of the tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.

• The elements of the medical monitoring tort remedy and which states recognize it.
• The evolution of the medical monitoring tort remedy and relevant court decisions addressing it.
• A “classic case” to understand how a program was implemented and what it found.
• Cases studies demonstrating claimant participation rates.
• Different types of medical monitoring programs.
• Elements necessary to establish a case for medical monitoring.
• Legal background and typical implementation.
• Arguments for and against medical monitoring from the plaintiff and defense perspectives.
• A possible cure for the requirement of physical damage prior to having medical monitoring: sub-cellular damage proof.

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