Two Courts Require Symptomatic Condition for Tort Claims and Place Limitations on Availability of Medical Monitoring Damages
In two recent decisions, courts have continued to preclude “classic” tort claims without proof of a current symptomatic condition and to place substantial limits on medical monitoring clams under state common law. In Benoit v. Saint-Gobain Performance Plastics Corporation, No. 17-3941 (2d Cir. 2020), the Second Circuit affirmed a district court’s denial of defendants’ motion to dismiss medical monitoring damages based on personal injury but cast significant doubt of the viability of such relief in the absence of any physical manifestation of exposure. And in Letart v. Union Carbide Corporation, No. 2:19-cv-00877 (S.D. W.Va. 2020), the Court granted a motion to dismiss plaintiffs’ common law claims but allowed medical monitoring claims related to ethylene oxide (“EtO”) emissions to proceed, yet without addressing or determining whether the plaintiffs can meet the evidentiary requirements for such claims.