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
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
  • Case Not Yet Decided iconCase Not Yet Decided
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
Comment by Leading Defense Bar and Business Groups Opposing Nonlawyer Ownership and Fee-Sharing
Tennessee Supreme Court comment by leading business and defense bar groups opposing nonlawyer law firm ownership – 4.30.2026Download ...
Tennessee
Blade v. Sig Saurer
(E.D. Pa., filed April 6, 2026): Arguing that the court should grant Sig Saurer’s motion for reconsideration because Mallory upends the jurisdictiona...
Eastern District of Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
Suquilanda v. Skyway Roofing, Inc.
(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contract...
Massachusetts
  • Case Not Yet Decided iconCase Not Yet Decided
Letter Urging Veto or Amendments to House Bill 449 / Senate Bill 229 in Virginia
...
Virginia
Corporate Flight from Delaware: The Impact of Escalating Shareholder Litigation and Legal Uncertainty
Unpredictable court rulings and a wave of lawyer-driven, profit-seeking litigation are destabilizing Delaware’s historic dominance for corporat...
Delaware



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