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For over 25 years, healthy plaintiffs have been filing lawsuits based upon their “fear” of developing a future illness.[FOOTNOTE 1] These plaintiffs are typically symptom-free and exhibit no indications of disease related to an alleged product exposure, but they seek to recover medical monitoring costs — essentially millions of dollars to pay for expensive, long-term diagnostic tests and medical examinations. In the last two years, federal and state courts have issued over 40 decisions involving medical monitoring. Two trends have emerged from this recent case law.

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