Medical Monitoring: Gone With The '90s?

Law360, New York (June 13, 2008, 12:00 AM EDT) -- In the 1980s and 1990s, courts began recognizing a cause of action for medical monitoring, particularly in cases involving toxic torts or asbestos exposure. Since 2000, the trend has been in the opposite direction, with courts refusing to recognize or extend the cause of action.

This guest column summarizes the current landscape, including recent opinions from the Supreme Courts of New Jersey, Oregon and Mississippi rejecting medical monitoring claims.

The Medical Monitoring Cause Of Action

“Medical monitoring” sometimes refers to a cause of action and sometimes...
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