Third Circuit Rejects Medical Monitoring Despite Exposure to Disease-Causing Substance

June 15, 2010
Medical monitoring claims are potentially broad and dangerous to industry because the claim substitutes the notion of increased risk for the traditional tort concept of injury. In Sheridan v. NGK Metals Corp., the Third Circuit reaffirmed that a plaintiff cannot obtain medical monitoring under Pennsylvania law based only on exposure to a substance that might cause disease in some people in some situations. This update examines Sheridan’s implications for medical monitoring claims and the streamlined procedure it suggests for disposing of repetitive tort claims.