• The future monitoring is directly related to, and necessitated by, a presently existing and diagnosable physical disease or injury of the plaintiff;
• The future monitoring is distinct from other monitoring recommended in the absence of the preexisting physical disease or injury and related exposure; and
• The plaintiff's presently existing physical disease or injury was caused by the defendant's tortious conduct.
Furthermore, the mere presence of a toxic substance in the bloodstream shall not constitute a presently existing and diagnosable physical disease or injury.
This act is identical to HB 2888 (2026).
KATIE O'BRIEN
Statutes affected: