by Richard O. Faulk
Washington Legal Foundation
January 17, 2014
In a significant and—to some—surprising development, the New York Court of Appeals recently refused to recognize an independent cause of action for medical monitoring in the absence of a present physical injury. By this ruling, New York joined other states that have rejected medical monitoring claims under similar circumstances. The victory was not easily won, however, or easily written. The court divided 4-2 with one Justice not participating – and the majority, led by Justice Pigott, had to thread its way through several problematic precedents to reach its decision. Nevertheless, in future New York cases, plaintiffs cannot recover medical monitoring relief by merely showing an “increased risk” of an illness that may—or may not—develop in the future.



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