article thumbnail

Always Liability Increases (ALI)?  Not Yet with Medical Monitoring.

Drug & Device Law

There was an insufficient time to discuss the Torts: Medical Malpractice draft. 2009); and (3) Minnesota, despite its requiring juries to find that claims of “subcellular damage[]” constituted “present physical and biologic injury.” Actions Taken Membership voted to approve §§48D-48F (Sepulcher) of the draft. Philip Morris USA, Inc. ,

article thumbnail

Live Free, or at Least Have a Present Injury

Drug & Device Law

Because the Blog’s 50-state medical monitoring survey is relatively old, dating from 2009, we’ll take this opportunity (since Bexis already did the work in his amicus brief) to update the law – at least for the defense side (no need to do the other side’s research for them). 2009); In re Hanford Nuclear Reservation Litigation , 534 F.3d