Judge Allows Medical Monitoring Claim, Dismisses Negligence Counts

CHICAGO -- A claim for medical monitoring can proceed against welding fume defendant Lincoln Electric, a state court judge ruled recently in a class action lawsuit. Grant and Samborksi v. Illinois Tool Works, Inc., et al., No. 04 CH 21112 (Ill. Cir. Ct., Cook Cty.).

The Aug. 3 order released by the Illinois Circuit Court for Cook County also stipulated, however, that several of the defendants cannot be held liable solely for their participation in trade organizations. Subsequently, several counts asserted by the plaintiffs in the class action were dismissed.

According to the memorandum and order issued by Judge …