Washington Legal Foundation

Medical monitoring claims are growing more and more popular among plaintiffs and their lawyers, and for understandable reasons: They defy the typical tort requirement of proving an actual injury and, in essence, allow plaintiffs to recover "personal injury" damages in the form of medical expenses, but with attenuated proof.  It therefore comes as no surprise that plaintiffs and their lawyers are increasingly filing medical monitoring class actions, especially in medical device and pharmaceutical cases.  Medical monitoring class actions pose certain potential advantages for plaintiffs, but most compelling is the potential for recovering substantial amounts of money for an entire class of prescription drug users or medical device patients who have no apparent injury.

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