Medical Monitoring

Medical monitoring claims should require proof of actual injury or significantly increased risk before damages are awarded.

The Problem

Some courts allow plaintiffs who have not suffered any physical injury to recover damages for speculative future medical monitoring costs, opening the door to unlimited liability without proof of harm.

ATRA’s Position

Require plaintiffs seeking medical monitoring damages to demonstrate actual injury or exposure resulting in a significantly increased risk of disease.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Medical Monitoring
Medical Monitoring
Overturns the Supreme Court’s decision in Bourgeois v. Green which allowed someone exposed to a “hazardous” substance to recover expenses for medical ...
Louisiana


Medical Monitoring News and Press

Explore ATRA's most recent press releases and blogs around Medical Monitoring

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Medical Monitoring
Search All
States
Status
Post Types
Date
WHB 823 v. Uber Technologies, Inc.
(4th Circ., filed August 31, 2026): Arguing that the District Court’s ruling abandons traditional fault-based tort principles.  Fault-based tort prin...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
CareFirst of Maryland, Inc. v. Johnson & Johnson; Janssen Biotech, Inc.
(4th Circ., filed August 19, 2026): Arguing that the Court should reject the novel theory of imposing strict liability and reaffirm that Section 2 re...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Mead Johnson & Co. LLC v. Greear
(U.S., filed August 7, 2026): Arguing that the lower court’s holding on specific jurisdiction inexplicably ignores and conflicts with this Court’s de...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Lyle & Bruso v. State Farm
(Ok., filed July 9, 2026): Arguing that allowing the district court’s so-called “protective order” to stand would make Oklahoma a significant nationa...
Oklahoma
  • Case Not Yet Decided iconCase Not Yet Decided
Benavides v. Tesla
(11th Circ., filed July 9, 2026): Arguing that the judgment holds manufacturers to unreasonable standards that will deter innovation and development ...
11th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Veto Request, House Bill 26-1236, “Arbitration Reform”
...
Colorado
Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments
...
Virginia



The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2026 ATRA. All rights reserved.