Claims And Classes In Medical Monitoring Cases

Law360, New York (January 23, 2014, 1:36 AM EST) -- Since 1984 when the first court recognized the claim, courts have been divided whether to allow a cause of action for medical monitoring. Even now, almost thirty years later, although several courts have allowed a cause of action for medical monitoring absent present physical injury, most other courts require plaintiffs to prove a present injury before recognizing such a claim. In the typical product liability lawsuit, a plaintiff alleges that ingestion or use of a "product" has caused physical harm. See Restatement (Second) of Torts § 402A. The absence of an existing injury is a failure to state a claim for...

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