Prior to the mid-1980s, tort law adhered to the traditional notion that the threat of future harm was not an adequate ground to pursue a claim in tort. However, in Friends for All Children v. Lockheed Aircraft Corp., the United States Court of Appeals for the District of Columbia awarded a group of plaintiffs the cost of future medical examinations aimed at detecting whether the plaintiffs suffered from a particular neurological impairment. This new remedy became known as "medical monitoring."
Since Friends for All Children v. Lockheed Aircraft Corp., the medical monitoring remedy has attracted controversy and has resulted in widely diverging views among various jurisdictions. This note will discuss the history of the medical monitoring remedy, including common criticisms of the remedy. The note will propose a strict standard that must be met before medical monitoring is awarded in the future and will propose a method for disbursing medical monitoring awards when they are deemed appropriate.
Adam P. Joffe,
The Medical Monitoring Remedy: Ongoing Controversy and a Proposed Solution,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol84/iss2/11