DENVER (March 3, 2025) – NFIB filed an amicus brief in the case of Smith v. Terumo BCT, Inc. in the Colorado Court of Appeals. The case concerns whether the court should create a cause of action for asymptomatic plaintiffs, permitting recovery based solely on the possibility of future injury. NFIB filed the brief with the U.S. Chamber of Commerce and other business groups.

“Expanding tort liability to include the possibility of injury would undoubtedly undermine the justice system here in Colorado and increase the risk of frivolous litigation against small business owners,” NFIB State Director Michael Smith said. “Main Street Coloradans need greater, not less, certainty in the courts. We ask the Court to decline this dramatic departure from established law.”

NFIB’s brief argues two main points: 1) Traditional tort-law principles preclude medical monitoring as a claim or remedy without present physical injury, and 2) expanding tort recovery to uninjured plaintiffs leads to unbounded litigation and unwarranted burdens on the judicial system. The brief argues that the court should “confirm that Colorado does not recognize medical monitoring as either a remedy or a cause of action without present physical injury.”

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.