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November 26, 2004

On Upcoming Case in Michigan: Henry v. Dow Chemical

Topics: Medical-Legal Jurisprudence Articles

yClipse, a Michigan medical malpractice blawg, has an interesting post today on what has seemed certain to come up sooner or later, especially in light of the vioxx issues related to Cox-2 inhibitors and cardiac risk. The American Tort Reform Association has announced the filing of an amicus brief [PDF] in this case, which addresses the issue of whether plaintiffs who have not been injured may nonetheless assert damages claims for medical monitoring of their conditions. Read more at yClipse  and get the link to the Michigan Supreme Court synopsis and the briefs of the parties here(available at yClipse)...

If a patient has taken a drug that may predispose them to a condition in the future, is it unreasonable to ask for compensation to pay for monitoring for the potential onset of a disease condition that might be caused by a drug that they had previously taken, even if they ceased taking the drug possibly long before any onset of symptoms? There could potentially be a pharmacological basis in favor of the case, depending upon the individual or class of individuals. In any event, more eyes than those just in Michigan will be watching this case. Look for more on this in other states in the near future.

Posted by Hyscience at November 26, 2004 4:14 PM

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