Will Blood Testing Revive Medical Monitoring Claims?

Law360 (July 24, 2018, 12:16 PM EDT) -- In July, a New York state trial court in Burdick v. Tonoga certified what appears to be the first medical monitoring class defined by the level of a particular chemical measured in class members' blood serum. Given the ubiquity of many chemicals in the environment and the abundant data collected by government agencies about blood serum chemical levels, the success of the Burdick plaintiffs' certification strategy may revive plaintiffs' interest in medical monitoring class actions. While fundamental obstacles remain to certifying medical monitoring classes, plaintiffs' reliance on blood serum chemical levels to define a proposed class may require defendants to refine...

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