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Introduced Version House Bill 2526 History

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H. B. 2526

(By Delegate Williams)

[Introduced February 21, 2005 ; referred to the

Committee on the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §4-11A-4a, relating to providing that medical monitoring may not be awarded against participants in the tobacco master settlement agreement and preserving traditional actions for actual injury.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §4-11A-4a, to read as follows:


§4-11A-4a. Tobacco Settlement Trust Fund protection.
(a) In order to protect the trust funds established in subsection (b) of section two and subsection (a) of section three of this article, a court may not allow or consider a cause of action for medical monitoring or order relief in the form of medical monitoring in any civil action against a party who is a signatory or a successor to a signatory to the master settlement agreement. As used in this section, "medical monitoring" includes medical examinations, diagnostic tests or other medical procedures, or a series of tests or procedures, performed for the purpose of detecting the presence of a particular disease or injury.
(b) The preceding subsection is not intended to preclude the recovery of medical treatment costs as damages in a personal injury suit by a plaintiff who establishes an actual physical injury, to the extent such costs are an allowable item of damages under existing law.

NOTE: The purpose of this bill is to protect the state's stream of revenue from tobacco companies under the master settlement agreement and related settlement agreements by prohibiting medical monitoring claims against signatories of the agreement.

§4-11A-4a is new; therefore, strike-throughs and underscoring have been omitted.
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