A bill to change the way damages are awarded in medical monitoring cases passed the Senate during Monday’s floor session.
Senate Bill 7 would require plaintiffs to prove their injury was caused by the defendant’s actions in medical monitoring cases and would only award damages after physical injury or disease is present.
Under current law, West Virginia is an outlier in allowing plaintiffs who believe they were exposed to a hazardous substance to collect cash awards for medical monitoring without a present physical injury. Other states that allow plaintiffs to collect damages for medical monitoring have tight restrictions on how the funds can be used. Currently, plaintiffs in West Virginia can collect cash without such restrictions.
This bill now heads to the House of Delegates for consideration. A similar bill passed the Senate last year but failed in the House.
The Senate is adjourned until tomorrow, Feb. 8, at 11 a.m.
Banking and Insurance will meet at 2 p.m. in 451M.
Judiciary will meet at 3 p.m. in 208W.
Finance will meet at 3 p.m. in 451M
Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M
