Physical Harm A Must in Mass. Medical Monitoring Cases

Claimants in Massachusetts need proof of physical harm to prevail in medical monitoring cases, a standard first established in 2009 and upheld in the first subsequent case of its kind this summer. In a June summary judgment, U.S. District Court Judge Mark L. Wolf said Raytheon Co. employees would not be given monetary damages for medical testing after they alleged increased risk after toxic exposure, as they showed no physical signs or symptoms of disease. It was the first medical monitoring case to be addressed in Massachusetts since the landmark physical harm standard was established in 2009, a stance that sets that state apart from many others.