This bill proposes the addition of a new section, 55-7-33, to the Code of West Virginia, which establishes specific limitations on damages related to medical monitoring in civil actions. It stipulates that an increased risk of disease, regardless of any physiological changes, is not a basis for compensable damages. Furthermore, for a plaintiff to receive damages for future medical surveillance, they must demonstrate that such monitoring is directly related to a currently existing and diagnosable physical disease caused by the defendant's actions.

Additionally, the bill outlines that any awarded payments for future medical surveillance, screening tests, or monitoring procedures will not be disbursed until these procedures are completed. Instead, the court will require the liable defendant to make periodic payments into a fund designated for these future medical expenses. The court will also determine the administration of this fund and the timeline for when the medical monitoring is no longer necessary, ensuring that any remaining funds are returned to the defendant after the required procedures are completed.

Statutes affected:
Introduced Version: 55-7-33