Medical Monitoring

News & Analysis as of

First Circuit Court of Appeals Refuses to Relax Injury Requirement for Medical Monitoring Claims

In Genereux v. Raytheon Co., No. 13-1921, 2014 WL 2579908 (1st Cir. June 10, 2014), the First Circuit Court of Appeals affirmed summary judgment against class action plaintiffs seeking recovery for medical monitoring costs...more

Words Matter … To Spartans And To The First Circuit

There is a scene in the movie 300 where King Leonidas greets the Persian messenger with, “Before you speak, Persian, know that in Sparta everyone, even a king’s messenger, is held accountable for the words of his voice.” ...more

April 2014: Insurance Litigation Update

New York Court of Appeals Answers Important Questions About Whether an Increased Risk of Harm Constitutes a Physical Injury. Over the past fifteen years, the question of whether tort claims for medical monitoring fall within...more

Recent Developments in Medical Monitoring Case Law (2013-2014)

Over the last 30 years, state and federal courts have grappled with how best to address claims filed by plaintiffs who do not currently suffer from an actual injury or illness, but rather seek damages for their risk of...more

New York Refines When Medical Monitoring Damages Are Available

Last December, in Caronia v. Philip Morris USA, Inc., 2013 N.Y. Slip Op. 08372, 2013 WL 6589454, New York’s highest court declined to create a stand-alone medical monitoring tort for a smoker who sought damages for the...more

Toxic Tort and Environmental Litigation: Third Department Clarifies Scope of Recoverable Medical Monitoring Damages in Waterborne...

On the heels of the Court of Appeals’ landmark decision rejecting an independent cause of action for medical monitoring in Caronia v. Phillip Morris USA, on February 20, 2014, the Third Department decided Ivory v. IBM. Ivory...more

Monitor What? Another Medical Monitoring Development In The Spray Polyurethane Foam Insulation Products Liability Litigation

On January 31, 2014, the Middle District of Florida dismissed, without prejudice, a medical monitoring claim in a spray polyurethane foam (SPF) insulation products liability class action. Gibson v. LaPolla Indus., Inc., et...more

New York’s Highest Court Rejects Cause of Action for Medical Monitoring

The U.S. Court of Appeals for the Second Circuit asked New York’s highest court to answer whether a heavy smoker who has not been diagnosed with a smoking-related disease may pursue a claim against a tobacco company for...more

Landmark Medical Monitoring Ruling Benefits New York Employers and Corporate Defendants

New York’s highest court recently issued a significant decision for all New York employers and corporate defendants. On December 17, 2013, a divided Court of Appeals declined the opportunity to create an independent equitable...more

New York's Highest Court Does Not Recognize Claims for Medical Monitoring – For Now: Using "Phobia" Claims as a Backdoor to...

In Caronia v. Philip Morris USA, Inc., 2013 N.Y. LEXIS 3476, 2013 N.Y. Slip. Op. 8372 (December 17, 2013), the New York Court of Appeals, in a 4-21 decision with sharp and barbed contrasts between majority and dissent, ruled...more

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