Limiting medical monitoring damages

SB 93 limits the ability of plaintiffs to recover damages for future medical monitoring (such as screenings or tests) in West Virginia civil lawsuits. It states that an increased risk of disease alone - without a currently diagnosed condition - is not compensable. To recover monitoring costs, plaintiffs must prove they have an existing, diagnosable disease caused by the defendant’s actions, and the monitoring must be directly tied to that disease. Payments for future monitoring must be made into a court-supervised fund (not directly to the plaintiff), with unused funds repaid to the defendant after the required monitoring period ends.