Limiting medical monitoring damages

SB 473 limits compensation for future medical monitoring by stating that an increased risk of disease alone - without a diagnosable condition - is not grounds for damages in West Virginia civil lawsuits. To recover costs for future check-ups or tests, a plaintiff must prove they already have a diagnosed disease caused by the defendant’s actions. The bill requires defendants to pay for monitoring through a court-administered fund with periodic payments, not lump sums, and mandates repayment of unused funds to defendants once monitoring ends. This directly affects plaintiffs in personal injury cases seeking coverage for future health monitoring and defendants facing potential ongoing liability. The law clarifies that future medical surveillance cannot be awarded solely based on potential health risks.