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Medical monitoring in the US: an update for life science …
- https://content.next.westlaw.com/practical-law/document/I8417d7681cb111e38578f7ccc38dcbee/Medical-monitoring-in-the-US-an-update-for-life-science-companies?viewType=FullText&contextData=(sc.Default)
- Medical monitoring, in the eyes of some courts, allows claimants to substitute the "need for medical testing" for the traditional injury requirement. This substitution divorces tort law from one of its fundamental tenets that only those who have …
What is Medical Monitoring? – The Mass Tort …
- https://www.masstortinstitute.com/blog/what-is-medical-monitoring/
- Medical monitoring is distinguished from routine prophylactic care such as annual exams, blood tests, mammograms, and prostate exams. Medical monitoring is also not the same as …
American Law Institute Proposes Controversial Medical …
- https://www.iadclaw.org/defensecounseljournal/american-law-institute-proposes-controversial-medical-monitoring-rule-in-final-part-of-torts-restatement/
- NLO, 851 F. Supp. 869, 881 (S.D. Ohio 1994) (holding medical monitoring is available in Ohio if plaintiffs can “show by expert medical testimony that they have …
Medical Monitoring?: Depends on Where You Live
- https://www.americanbar.org/groups/litigation/committees/environmental-energy/articles/2021/spring2021-medical-monitoring-depends-on-where-you-live/
- Depending on the jurisdiction, the claim for medical monitoring may be asserted as an independent cause of action for medical monitoring but is more typically …
Medical Monitoring | U.S. Chamber Litigation Center
- https://www.chamberlitigation.com/cases/issue/products-liability/medical-monitoring
- March 1, 2018 U.S. Chamber urges Second Circuit to hold that a New York law does not recognize medical monitoring as an independent cause of action for …
Medical Monitoring Claims—Trends and Defenses
- https://www.mayerbrown.com/-/media/files/perspectives-events/events/2011/02/medical-monitoring-claimstrends-and-defenses/files/022311productliabilitywebinarmedicalmonitoring/fileattachment/022311productliabilitywebinarmedicalmonitoring.pdf
- Supreme Court rejected a medical monitoring claim for uninjured plaintiffs. • The court’s rationale: – Requiring physical injury reduces fraudulent claims and provides a clear line …
American Law Institute Proposes Controversial Medical …
- https://www.iadclaw.org/assets/1/17/American_Law_Institute_Proposes_Controversial_Medical_Monitoring_Rule_in_Final_Part_of_Torts_Restatement.pdf?4766
- the tort of medical monitoring and that the Minnesota Supreme Court has yet to recognize it as an independent theory of recovery, this Court is not inclined at this …
Medical Monitoring Article Lumpkin and Huber revised 23nov04
- http://www.vpm-legal.com/Articles/Damages-Means-Damages-Insurer-Liability-for-Medical-Monitoring-Costs-in-Mass-Tort-Claims.pdf
- A. Medical monitoring costs as tort damages at law A leading decision that clearly and emphatically treats medical monitoring as simply another form of legal damages …
Medical monitoring for pharmaceutical injuries: tort law …
- https://pubmed.ncbi.nlm.nih.gov/12588274/
- Because medical monitoring does not depend on the existence of an actual injury and large populations may be exposed, some commentators have warned that it …
Medical Monitoring and Class Actions - JSTOR Home
- https://www.jstor.org/stable/40924434
- multiplaintiff medical monitoring lawsuit is suitable for class action treatment. This is an important issue, be-cause toxic tort lawsuits often involve hundreds, some-times …
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