News & Analysis as of

Toxic Exposure Toxic Chemicals Medical Monitoring

Lowenstein Sandler LLP

4th Circuit Holds Exposure to Contaminants Is a Sufficient Injury in Some Medical Monitoring Cases

Lowenstein Sandler LLP on

On Aug. 18, the U.S. Court of Appeals for the 4th Circuit held that exposure to ethylene oxide (EtO) constitutes a concrete, present injury sufficient for Article III standing where costs for present medical monitoring are...more

McGlinchey Stafford

Establishing and Challenging Standing in PFAS Litigation

McGlinchey Stafford on

The case of Hardwick v. 3M, a per- and polyfluoroalkyl substances (PFAS) class action lawsuit filed in Ohio, has been marked as one of the most significant legal cases in recent history. The Sixth Circuit Court of Appeals...more

K&L Gates LLP

American Law Institute Vote on Medical Monitoring Could Spur Increased "No-Injury" Claims

K&L Gates LLP on

The American Law Institute is scheduled to vote shortly on a new proposed rule for its Restatement (Third) of Torts that would recognize a claim for medical monitoring, even in the absence of physical injury. Companies in all...more

Husch Blackwell LLP

New Hampshire Supreme Court Rejects Medical Monitoring Claim in PFAS Case

Husch Blackwell LLP on

The Supreme Court of New Hampshire declined to recognize medical monitoring as a remedy or cause of action for plaintiffs who claim exposure to toxic substances. The court based its reasoning on New Hampshire common law and...more

Harris Beach Murtha PLLC

Court Rules Company Not Responsible for Medical Monitoring Costs in PFAS Case

Holding that New Hampshire does not recognize medical monitoring claims for the mere exposure to a toxic substance, New Hampshire’s Supreme Court ruled in favor of a plastics manufacturing plant alleged to have released...more

MG+M The Law Firm

Risk of Injury is Not an Injury: New Hampshire Supreme Court Declines to Recognize Medical Monitoring

MG+M The Law Firm on

Last week, the New Hampshire Supreme Court held that state law does not recognize medical monitoring as a remedy or cause of action for plaintiffs who allege that they were exposed to a toxic substance. In Kevin Brown v....more

White and Williams LLP

New Hampshire Supreme Court Declines to Recognize Cause of Action for Medical Monitoring in Context of PFAS Claims

White and Williams LLP on

On March 21, 2023, the New Hampshire Supreme Court, answering a certified question from the U.S. District Court for the District of New Hampshire, concluded that New Hampshire does not recognize a cause of action for recovery...more

Jenner & Block

Vermont Joins Growing Number of States Allowing Medical Monitoring for Alleged Exposure to Chemicals

Jenner & Block on

On April 21st, Vermont Governor Phil Scott signed into law Senate Bill 113 that provides a cause of action for medical monitoring for individuals exposed to toxic chemicals. The new law specifically provides persons without a...more

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