Section 44 Medical Monitoring

• Library: Damages 2012

In Meyer v. Fluor Corp., 220 S.W.3d 712 (Mo. banc 2007), the Supreme Court of Missouri paved the way for medical monitoring claims when it stated that medical monitoring damages compensate for costs of medical examinations that are necessary to detect latent injuries caused by tortious exposure to toxic substances. The Court held that a physical injury was not required to proceed on a medical monitoring theory. Cf.Thomas v. FAG Bearings Corp., 846 F. Supp. 1400, 1410 (W.D. Mo. 1994) (court inferred that Missouri law would not recognize a medical monitoring action absent proof of damages in the form of an injury). See also:

· Anita J. Patel, Medical Monitoring: Missouri’s Welcomed Acceptance, 73 Mo. L. Rev. 611 (2008)

· Mark A. Behrens & Christopher...