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Description: The medical monitoring tort remedy – allowing for medical monitoring without physical injury – is recognized in 14 states and not allowed in 23. The law is divided into two states and the rest have not specifically addressed the issue. States that allow medical monitoring to do so when a group of claimants is at increased risk of disease or injury due to exposure to a known hazardous substance or a dangerous product as the result of a defendant’s conduct. Under this tort remedy, claimants are tested periodically, for an agreed or decided period, usually between 10 and 40 years. Medical monitoring recognizes the long-term harmful nature of toxins and man-made products, thereby matching a remedy with the malady. In this webinar the speakers will discuss the evolution of the tort, related cases, tests to determine whether the tort should be applied, types of monitoring, and the arguments for an against medical monitoring.
Learning Objectives
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Understanding the medical monitoring tort remedy and which states recognize it.
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The evolution of the medical monitoring tort remedy and relevant court decisions addressing it.
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A detailed discussion of a “classic case” to gain an understanding how a program was implemented and what it found.
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Cases studies demonstrating claimant participation rates.
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Different types of medical monitoring programs.
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Elements necessary to establish a case for medical monitoring.
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Legal background and typical implementation.
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Arguments for and against medical monitoring from the plaintiff and defense perspectives.
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A possible cure for the requirement of physical damage prior to having medical monitoring: subcellular damage proof.
Speakers & Biographies
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Edgar C. Gentle III| Founding Partner | Gentle Turner & Benson LLC
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Katherine (“Kip”) A. Benson | Attorney | Gentle Turner & Benson LLC
Edgar (“Ed”) C. Gentle III is founder and managing partner of Gentle, Turner, Sexton & Harbison, LLC, in Birmingham, Alabama. Largely focusing his practice on complex commercial litigation and mass tort/class action litigation, he often works for the courts as a neutral special master and settlement administrator. In addition to his legal practice, Gentle regularly gives talks and writes papers about topics related to mass torts. He is an experienced special master and claims administrator in mass tort litigation and providing claims administration and financial and business advice to courts, settling parties, and mass tort settlements. He has helped create and administer more than $6 billion in settlements during the past 20 years. He earned his J.D. from the University of Alabama School of Law as a Hugo Black Scholar.
Katherine (“Kip”) A. Benson is a partner at Gentle, Turner, & Benson, LLC and has experience in mass tort/class action settlement administration, probate law, general corporate practice, real estate, and telecommunications law. She specializes in Medicare/Medicaid lien resolution and other aspects of settlement administration. She has assisted with the administration of several multi-million-dollar class action settlements, including a $300 million PCB settlement involving 18,000 claimants. Benson earned her J.D. from the University of Alabama School of Law.
 | | Practice Areas: | | Complex Litigation, Mass Tort, Personal Injury & Negligence, Toxic Torts | | | Online Media Type: | | Video | | | Production Date: | | 04/29/2024 | | | Level: | | Basic | | | Category: | | Standard | | | Duration: | | 0 Hours, 26 Minutes | | | Online Format: | | On Demand | | | Course Type: | | Public |
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| | • | Edgar C Gentle III - Founding Partner | Gentle Turner & Benson LLC | | • | Katherine Kip A Benson - Attorney | Gentle Turner & Benson LLC |
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