The Basics of Medical Monitoring

photo-3Medical monitoring claims were largely unheard of twenty years ago. They now occupy a prominent place in plaintiffs' toxic tort/mass tort arsenal. While medical monitoring claims are on the increase, courts faced with these claims continue to grapple with basic issues such as whether the claim is an independent cause of action or simply an element of damages; whether a present physical injury is required; whether the claim is appropriate for treatment as a class action; and what are the proper accrual and limitations periods.

By means of medical monitoring claims, plaintiffs seek to recover the costs of periodic, …