BarbriSFCourseDetails

Course Details

This CLE webinar will discuss current developments and trends associated with medical monitoring after exposure to a toxic substance, including the status of medical monitoring claims for ingestion of contaminated drugs and exposure to "forever chemicals" (per- and polyfluoroalkyl substances, otherwise known as PFAS).

The panel will address the legal landscape of medical monitoring, with some jurisdictions treating it as a remedy and some as an independent claim, but all requiring underlying misconduct. The panel will address the ALI Restatement (Third) of Torts, how medical monitoring is administered and supervised, and insurance coverage.

Faculty

Description

Recent attention on issues such as the drug manufacturing process and the existence of "forever chemicals" have renewed interest in and brought medical monitoring to the forefront in personal injury, pharmaceutical, and medical device litigation, whether individually or in class or mass actions. Issues arise around exposure, risk, testing, and costs.

In a successful action, a fund may (as one outcome) be established from which the plaintiff may take payments as medical expenses are incurred. The amount available, how long it is available, who can access it, how it is funded, and how it is supervised and administered are just some of the hotly disputed and complicated issues.

Jurisdictions vary on whether medical monitoring is a remedy or an independent cause of action and whether actual physical damage is required. Defendants tout differences in the laws; plaintiffs may emphasize in practice these issues dovetail. Against this backdrop is the ALI Restatement (Third) of Torts.

Listen as our authoritative panel discusses the elements of medical monitoring claims, differing court views, and alternate views of payment structures. The panel will also discuss best practices for bringing or defending against medical monitoring claims.

Outline

  1. Elements of a medical monitoring claim
  2. Current views of the courts
  3. Establishing and arguing for a medical monitoring claim
  4. Defending against a medical monitoring claim

Benefits

The panel will review these and other key questions:

  • Is the ALI Restatement on this issue important?
  • How are the costs of medical monitoring best handled?
  • What are the elements of a medical monitoring claim?
  • What are the standards of proof?
  • How should reports recommending testing for exposure to various substances be evaluated?
  • What is the role of toxicology or other experts in medical monitoring claims?