Miss. Sup. Ct. Refuses to Recognize Medical Monitoring Cause of Action

JACKSON, Miss. - The Mississippi Supreme Court has ruled that the state does not recognize a cause of action for medical monitoring where claimants have failed to show that they suffer from any physical or emotional injury. Paz v. Brush Engineered Materials Inc., et al., No. 2006-FC-00771-SCT (Miss. Sup. Ct.).

Answering a certified question from the Fifth Circuit U.S. Court of Appeals, the state's highest court said Jan. 4 that it has repeatedly rejected the proposition that within Mississippi tort law there exists a cause of action for awarding relief based solely on a potential future injury.

'Considering Mississippi law, …