by Max Herman - Guest blogger
So you find out that for the last 10 years you’ve been exposed to radiation, dioxin or carcinogenic smoke. And you also find out that your exposure is due to the negligence of another. Of course, you haven’t developed any symptoms, yet the doctors tell you your likelihood of developing cancer has been substantially increased. You’re scared, angry and realize that for the rest of your life you’re going to need medical surveillance if you’re going to beat the disease to its potential punch.“But who’s going to pay for that monitoring?” you wonder. I don’t know, but if you’re in New York, I know it won’t be the guy who caused your exposure.In a surprising (to me and several Federal District Courts) turn of events, the New York Court of Appeals released a decision today answering two questions asked by the Second Circuit:Does New York State recognize an independent claim for medical monitoring?And if so, what are the elements and when does the limitations period accrue?The highest court in the state answered the former in the negative and declined to answer the latter as academic.
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