Paz, et al. v. Brush Engineered Materials, Inc., et al.

Case Updates

Agreeing with NCLC, the Mississippi Supreme Court declined to adopt a medical monitoring cause of action in this case.

NCLC filed an amicus brief urging the Supreme Court of Mississippi to decline to adopt a medical monitoring cause of action. In its brief supporting Boeing and other companies, NCLC argued that allowing medical monitoring claims without proof of actual physical injury would foster widespread litigation with crippling liability, leaving almost no defendant safe from medical monitoring claims. NCLC maintained that medical monitoring damages amount to windfall awards that deplete resources which could be better used to compensate truly injured individuals.