Medical Monitoring in Products Liability Claims: Challenges for Plaintiffs and Defendants

Evaluating Potential Class Certification, Questions of Causation, and Funding Issues in Light of Differing Court Standards

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

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Conducted on Tuesday, March 20, 2012

Recorded event now available

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Course Materials

This CLE course will provide product liability counsel with a review of defense and plaintiff practitioners' perspectives regarding medical monitoring. The panel will discuss structures of awards or settlements that include medical monitoring and outline best practices to argue for or against medical monitoring.


The number of medical monitoring claims for future testing to provide early detection of diseases based on exposure to toxic substances is on the rise. The cost for these claims can soar into billions of dollars.

Courts in every state, from local through federal levels, hold different views on medical monitoring claims with some accepting them and some rejecting them. Courts also vary in opinion as to whether these claims are a cause of action or an issue of damages and how to structure the payments.

Due to the staggering cost of paying for medical monitoring for defendants and the risk of devastating illness for plaintiffs, counsel for both sides must understand the elements of a medical monitoring claim and how to best argue for or against such a claim.

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
    1. Courts that have adopted medical monitoring claims
    2. Courts that have rejected medical monitoring claims
  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:

  • Should medical monitoring be viewed as a cause of action or as a remedy?
  • How are the costs of medical monitoring best handled—as a lump-sum payment or a court-supervised program?
  • What are the elements of a medical monitoring claim?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Scott P. Devries
Scott P. Devries

Winston & Strawn

He is a litigation partner, and chairs the Insurance Recovery Practice. He focuses his practice on class and mass...  |  Read More

Lee Cirsch
Lee Cirsch

Lanier Law Firm

He has years of experience litigating business and commercial disputes; mass tort and consumer protection class...  |  Read More

Sean P. Wajert
Sean P. Wajert


He is Co-Chair of the firm's Mass Torts and Product Liability Practice Group. He has represented companies such as...  |  Read More

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