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Introduced Version Senate Bill 597 History

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sb597 intr
Senate Bill No. 597

(By Senators Sprouse, Yoder, Barnes, Facemyer,

Minear, Guills, Weeks and Lanham)

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[Introduced March 18, 2005; referred to the Committee

on the Judiciary.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23, relating to precluding causes of action for medical monitoring.

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 §55-7-23, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-23. Preclusion of medical monitoring cause of action.
There shall be no cause of action, or liability for, diagnostic medical examinations or medical monitoring tests or procedures for the detection of disease for individuals exposed to an alleged hazardous or toxic substance. To the extent that common law provides for the recovery of medical monitoring for those persons exposed to a substance which has increased such person's risk of contracting a disease, that cause of action, and liability for, is hereby abolished: Provided, That this section does not apply to actions filed on or before the first day of July, two thousand five.



NOTE:
The purpose of this bill is to preclude causes of action for medical monitoring.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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