Asymptomatic Changes: Compensable Injury?

Law360, New York (February 17, 2009, 12:00 AM EST) -- Traditional tort law requires the confluence of at least three factors before a plaintiff can recover money in a lawsuit: 1) an act by the defendant (or in case of product liability claims, the existence of a defective product); 2) causation; and 3) damages.

In the 1990s the plaintiffs’ bar expanded the concept of “damages” through the legal theory of medical monitoring. Under medical monitoring, a plaintiff could prevail in a lawsuit even if the plaintiff had no current injury, if he could prove that he...
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