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
Sanctionable: The unsupported, exaggerated, and suspicious claims plaguing our nation’s courts
There is growing concern that many lawsuits filed in our nation’s courts are unsupported, involve manufactured or exaggerated injuries, or stem from ...
California, Florida, Louisiana, New York, Pennsylvania
Lyon v. Riverside Methodist Hospital et. al.
(OH., filed October 7, 2025): Arguing that the Court should review the lower court’s decision because the Court should comprehensively address the co...
Ohio
  • Case Not Yet Decided iconCase Not Yet Decided
Atlas Turner, Inc. v. Welch
(U.S., filed September 22, 2025): Arguing the Court should review the use of receiverships by the South Carolina asbestos court.  The receivership pr...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Letter to House Judiciary Committee re: Protection of Lawful Commerce in Stone Slab Products Act
This letter was submitted on behalf of the American Tort Reform Association to express our support for H.R. 5437, the “Protection of Lawful Commerce ...
California
Letter to DOJ re: RFI on State Laws Having Significant Adverse Effects on the National Economy or Interstate Commerce
Re: Request for Information on State Laws Having Significant Adverse Effects on the National Economy or Significant Adverse Effects on Interstate Com...
Chevron U.S.A. Inc. v. Plaquemines Parish
(U.S., filed September 12, 2025): Arguing that the Louisiana coastal litigation proves the importance of federal officer removal.  The Government law...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy Inc., et. al. v. County Commissioners of Boulder County, et. al.
(U.S., filed September 12, 2025): Urging the Court to grant the petition for certiari.  Arguing that global climate change is not traditional state t...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Sommerville v. Union Carbide and Covestro LLC
(4th Circ., filed September 9, 2025): Supporting rehearing en banc. Arguing that Article III standing requires an injury that is concrete and particu...
4th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Ortiz v. Daimler Trucks North America LLC
(CA., filed September 4, 2025): Urging the court to review the lower court’s decision because in combination with the decision in Gilead, it threaten...
California
  • Case Not Yet Decided iconCase Not Yet Decided
CSX Transportation, Inc. v. Carey, II et. al.
(KY., filed August 26, 2025) : Arguing that in a wide range of cases, identification of suspicious claims activity has led to investigations that hav...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided



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