Text to be removed highlighted in red.
1 New Chapter; Medical Monitoring. Amend RSA by inserting after chapter 125-S the following new chapter:
CHAPTER 125-T
MEDICAL MONITORING
125-T:1 Definitions. In this chapter:
I. "Exposure" means causing, through negligence or otherwise, a person to be in the presence of or impacted by hazardous or toxic substances, either through direct contact, through the air, through water, or through soil.
II. "Hazardous or toxic substance" means any chemical or biological substance that poses a risk to human health; any substance categorized as toxic by the United States Environmental Protection Agency (EPA) or the Agency for Toxic Substance and Disease Registry (ATSDR) shall be a hazardous or toxic substance. Those chemical or biological substances not so categorized may be proven to be a hazardous or toxic substance by a preponderance of the evidence.
III. "Serious disease" means any condition that negatively affects human health by causing death or permanent or protracted loss of mental or physical function;
125-T:2 Claim Established. The need for a person to undergo continued medical monitoring shall be a form of damage and compensable claim under New Hampshire law and is a logical extension of pre-existing case law both in New Hampshire and other jurisdictions.
125-T:3 Elements of Claim. In order to prove a claim for medical monitoring the plaintiff shall demonstrate by a preponderance of the evidence that:
I. The defendant caused significant exposure to a proven hazardous or toxic substance;
II. That the plaintiff suffers from a significant increased risk of contracting a serious disease;
III. That this increased risk makes the need for periodic examinations reasonably necessary; and
IV. That such examinations are effective at detecting a serious disease.
125-T:4 Calculation of Damages. Damages shall be equal to the cost of reasonably necessary periodic examinations. The costs and necessity of such examinations may be proven by expert testimony.
125-T:5 Statute of Limitations.
I. Medical monitoring claims shall be made within 3 years of the discovery of exposure. The date of actual exposure is immaterial to an analysis of the statute of limitations for medical monitoring claims.
II. A person who can prove the need for medical monitoring on or after the effective date of this section may make such claim to the extent it is not barred by the statute of limitations as described in this section.
2 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 New Chapter; Medical Monitoring. Amend RSA by inserting after chapter 125-S the following new chapter:
CHAPTER 125-T
MEDICAL MONITORING
125-T:1 Definitions. In this chapter:
I. "Exposure" means causing, through negligence or otherwise, a person to be in the presence of or impacted by hazardous or toxic substances, either through direct contact, through the air, through water, or through soil.
II. "Hazardous or toxic substance" means any chemical or biological substance that poses a risk to human health; any substance categorized as toxic by the United States Environmental Protection Agency (EPA) or the Agency for Toxic Substance and Disease Registry (ATSDR) shall be a hazardous or toxic substance. Those chemical or biological substances not so categorized may be proven to be a hazardous or toxic substance by a preponderance of the evidence.
III. "Serious disease" means any condition that negatively affects human health by causing death or permanent or protracted loss of mental or physical function;
125-T:2 Claim Established. The need for a person to undergo continued medical monitoring shall be a form of damage and compensable claim under New Hampshire law and is a logical extension of pre-existing case law both in New Hampshire and other jurisdictions.
125-T:3 Elements of Claim. In order to prove a claim for medical monitoring the plaintiff shall demonstrate by a preponderance of the evidence that:
I. The defendant caused significant exposure to a proven hazardous or toxic substance;
II. That the plaintiff suffers from a significant increased risk of contracting a serious disease;
III. That this increased risk makes the need for periodic examinations reasonably necessary; and
IV. That such examinations are effective at detecting a serious disease.
125-T:4 Calculation of Damages. Damages shall be equal to the cost of reasonably necessary periodic examinations. The costs and necessity of such examinations may be proven by expert testimony.
125-T:5 Statute of Limitations.
I. Medical monitoring claims shall be made within 3 years of the discovery of exposure. The date of actual exposure is immaterial to an analysis of the statute of limitations for medical monitoring claims.
II. A person who can prove the need for medical monitoring on or after the effective date of this section may make such claim to the extent it is not barred by the statute of limitations as described in this section.
2 Effective Date. This act shall take effect 60 days after its passage.