Mississippi Supreme Court
At issue was whether defendants in asbestos cases have to pay for medical monitoring for presently non-sick claimants. Defendants and amicus argued that forcing businesses to litigate and pay for medical monitoring for the non-sick will lead to a flood of claims. The highest courts in Alabama, Nevada, Kentucky and Michigan (NFIB filed in this case) have all rejected medical monitoring absent physical injury.
Status: DECIDED. Amicus brief filed in support of Brush Engineered Materials Aug. 21, 2006. On Jan. 4, 2007, the court rejected medical monitoring claims as a cause of action absent a showing of present physical injury.
