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Medical Monitoring in Personal Injury, Products Liability, and Medical Device Litigation: Developments and Strategies

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, June 7, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will discuss current developments and trends associated with medical monitoring after exposure to a toxic substance, including the status of medical monitoring claims for ingestion of contaminated drugs and exposure to "forever chemicals" (per- and polyfluoroalkyl substances, otherwise known as PFAS).

The panel will address the legal landscape of medical monitoring, with some jurisdictions treating it as a remedy and some as an independent claim, but all requiring underlying misconduct. The panel will address the ALI Restatement (Third) of Torts, how medical monitoring is administered and supervised, and insurance coverage.


Recent attention on issues such as the drug manufacturing process and the existence of "forever chemicals" have renewed interest in and brought medical monitoring to the forefront in personal injury, pharmaceutical, and medical device litigation, whether individually or in class or mass actions. Issues arise around exposure, risk, testing, and costs.

In a successful action, a fund may (as one outcome) be established from which the plaintiff may take payments as medical expenses are incurred. The amount available, how long it is available, who can access it, how it is funded, and how it is supervised and administered are just some of the hotly disputed and complicated issues.

Jurisdictions vary on whether medical monitoring is a remedy or an independent cause of action and whether actual physical damage is required. Defendants tout differences in the laws; plaintiffs may emphasize in practice these issues dovetail. Against this backdrop is the ALI Restatement (Third) of Torts.

Listen as our authoritative panel discusses the elements of medical monitoring claims, differing court views, and alternate views of payment structures. The panel will also discuss best practices for bringing or defending against medical monitoring claims.



  1. Elements of a medical monitoring claim
  2. Current views of the courts
  3. Establishing and arguing for a medical monitoring claim
  4. Defending against a medical monitoring claim


The panel will review these and other key questions:

  • Is the ALI Restatement on this issue important?
  • How are the costs of medical monitoring best handled?
  • What are the elements of a medical monitoring claim?
  • What are the standards of proof?
  • How should reports recommending testing for exposure to various substances be evaluated?
  • What is the role of toxicology or other experts in medical monitoring claims?


Behrens, Mark
Mark A. Behrens

Shook Hardy & Bacon

Mr. Behrens co-chairs Shook's Washington, D.C.-based Public Policy Practice Group. He has been involved in civil...  |  Read More

Brogdon, Lauren
Lauren Brogdon

Partner and Chair, Crisis Management Practice Group
Haynes Boone

Ms. Brogdon has significant experience representing energy clients in suits related to hydraulic fracturing and other...  |  Read More

Geman, Rachel
Rachel Geman

Lieff Cabraser Heimann & Bernstein

Ms. Geman’s practice is dedicated to employment law, consumer protection and False Claims Act litigation. Her...  |  Read More

Webb, Joo
Joo Cha Webb

Steptoe & Johnson

Ms. Webb litigates a variety of claims in the areas of environmental and toxic tort law and commercial matters. Her...  |  Read More

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