Bill > SB93

This bill establishes limitations on awarding damages for medical monitoring, which refers to the costs of future medical surveillance, screening tests, or monitoring procedures. Under this bill, an increased risk of disease alone is not compensable. To recover damages for future medical monitoring, a plaintiff must prove that the monitoring is directly related to a presently existing and diagnosable physical disease, and that this disease was caused by the defendant's conduct. Furthermore, if a court orders a defendant to pay for future medical monitoring, the plaintiff will not receive the money until the procedures are completed, and the court will order the defendant to make periodic payments into a fund administered by the court to cover these costs, with any remaining funds to be repaid to the defendant after the monitoring is no longer required.

Justice

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=93&year=2026&sessiontype=RS&btype=bill