SB 93
Limiting medical monitoring damages
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
Senate Bill 93 limits the ability to receive compensation for future medical monitoring expenses in West Virginia civil lawsuits. The bill states that simply having an increased risk of disease, even with physical changes, is not grounds for damages. To receive payment for medical monitoring, a plaintiff must prove they have a diagnosable physical disease caused by the defendant’s actions and that the monitoring is directly related to that existing disease. Furthermore, any funds awarded for monitoring must be placed in a fund and repaid to the defendant if not used for completed monitoring.
Key provisions
- Increased risk of disease is not compensable.
- Plaintiff must prove a diagnosable physical disease caused by the defendant.
- Funds for medical monitoring must be placed in a court-administered fund.
- Unused funds in the medical monitoring fund must be repaid to the liable defendant.
- The fund will determine the termination date for monitoring requirements.
- The court will determine the administration of the fund.
- No monetary awards can be made until monitoring is completed.
- The bill applies regardless of the legal theory used in the lawsuit.
Who is affected
- Individuals injured in civil lawsuits
- Defendants in civil lawsuits
- Healthcare providers
- Attorneys
- The judicial system
Notable changes
- Limits the ability to seek damages for future medical monitoring.
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