The Firestone Controversy. I took a class in complex litigation from Professor Linda Mullenix, one of the leading experts on class actions and complex litigation and is the author of one of the definitive textbooks on class action and mass tort litigation. One of your subjects at the LCJ meeting is medical monitoring. Please describe your concerns.
Medical monitoring poses unique issues to the business community.
The essence of a medical monitoring claim is a plaintiff who has not yet manifested any physical injury. Any first-year law student knows that one of the traditional elements of a tort claim is injury. In a medical monitoring claim, there is no injury. Plaintiffs are seeking damages to pay for medical monitoring in order to make possible the early detection of some injury or disease that they are anticipating based on the allegedly tortuous conduct of the defendant. There are two big problems here.