Tag Archives: medical monitoring

Developments in Recent NY Medical Monitoring Claims

As readers of this blog know, we have been closely following developments regarding claims for medical monitoring.  (Medical Monitoring Claims in Illinois, Part 1; Medical Monitoring Claims in Illinois, Part 2.) A recent decision arising out of Hoosick Falls, New York, allowed Plaintiffs’ request for a medical monitoring fund to survive defendants’ motion to dismiss. On … Continue Reading

Medical Monitoring Claims in Illinois, Part 2

In our last post, we discussed Illinois Appellate Court decisions concerning medical monitoring claims. Plaintiffs have been similarly unsuccessful at the trial court level. Judge Leroy Martin in the Circuit Court of Cook County (Chancery) dismissed a medical monitoring claim pursuant to defendants’ 735 ILCS 5/2-615 motion to dismiss. See Pierscionek v. Ill. High Sch. … Continue Reading

Medical Monitoring Claims in Illinois, Part 1

Medical monitoring has yet to gain traction in Illinois. Plaintiffs with medical monitoring only claims – seeking future testing to determine whether defendants’ alleged negligence has caused the injuries feared  –  have been unsuccessful in Illinois. Although the Illinois Supreme Court has not ruled specifically on medical monitoring, existing Illinois law does not allow for … Continue Reading
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