On December 17, the New York Court of Appeals ruled that New York would not recognize a medical monitoring claim in the tort context without a physical injury, merely because an individual has an increased risk for future injury. The Court recognized that it has authority to create this cause of action, but determined that such a measure is better left to the legislature. Courts across the nation are split on the issue of whether to allow such claims to proceed in the absence of physical harm. However, New York’s highest court may persuade other jurisdictions to follow its lead on this issue.
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