Medical Monitoring Claims Continue the Trend of Surviving Preliminary Motion Practice – Update from Manko Gold Katcher Fox

May 21, 2020

Austin W. Manning

MGKF Litigation Blog

As we forecasted earlier this year, the uptick in medical monitoring cases surviving the motion to dismiss phase in federal court continues. Most recently, Judge Joseph R. Goodwin for the United States District Court for the Southern District of West Virginia denied defendant’s motion to dismiss medical monitoring claims related to ethylene oxide (“EtO”) emissions in Letart v. Union Carbide Corporation, No. 2:19-cv-00877 (S.D. W.Va. 2020).  And in a separate case, the Second Circuit affirmed a district court’s denial of defendants’ motion to dismiss medical monitoring claims in Benoit v. Saint-Gobain Performance Plastics Corporation, No. 17-3941 (2d Cir. 2020). 

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