American Journal of Law & Medicine

Damages: no cause of action for medical monitoring - Badillo v. American Brands, Inc.

The Nevada Supreme Court held that Nevada common law does not recognize a cause of action for medical monitoring.(2) The United States District Court for the District of Nevada requested that the Nevada Supreme Court certify two questions by issuing an opinion with respect to Nevada law. The first inquiry was whether Nevada common law recognized a medical monitoring cause of action, or remedy, where medical testing is available to detect diseases resulting from exposure to a toxic substance.(3) The second question asked what elements are necessary for such a cause of action.(4) The court found that Nevada common law did not recognize a medical monitoring cause of action, but it would consider a remedy of medical monitoring if it were tied to a cause of action in trespass, nuisance, strict liability or negligence. …

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