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Medical Monitoring
Courts typically treat medical monitoring as a potential remedy for a traditional tort claim. In such cases, plaintiffs allege exposure to toxic substances as a result of a defendant's tortious conduct; yet at the time the action is commenced, plaintiffs are asymptomatic and allege no physical injuries. Their alleged “injury” is a presumed increased risk of developing a disease, along with the financial burden associated with periodic medical monitoring.
Medical Monitoring As an Independent Cause of Action
Despite the absence of a present physical injury, courts have been willing to award medical monitoring expenses as part of consequential damages where plaintiffs sustain their burden of proof under a traditional theory of liability, such as strict liability or negligence.
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