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Courts have long struggled with the question of whether a compensable tort has occurred when the claimant has no present physical injury, but has been exposed to a substance that might (or might not) cause disease in the future. Various creative legal theories have been asserted in such situations: e.g., fear of cancer, increased risk of disease and medical monitoring. Medical monitoring appears to have had the most traction, probably because it is the theory that — at least on its face — appears most capable of being litigated in a class action.

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