H. B. 4738
(By Delegate Smirl)
[Introduced February 25, 2000; referred to the
Committee on the Judiciary.]
A BILL to amend article two, chapter fifty-five of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-three, relating to prohibiting civil actions seeking
medical monitoring costs under some circumstances;
restricting damages for fear, apprehension, risk of future
injury, loss, or death and future medical monitoring; and
specifying effect on pending and future actions.
Be it enacted by the Legislature of West Virginia:
That article two, chapter fifty-five of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-three, to read as follows:
ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.
§55-2-23. Civil actions seeking medical monitoring costs limited; damages limited; application of section.
(a) No civil action may be commenced seeking the recovery of
medical monitoring costs, even if it can be proven that the costs
are necessary and reasonably certain to be incurred as a
proximate result of another person's tortious conduct, unless the
person for whom which the medical monitoring costs are being
sought has sustained and manifested a physical injury as a direct
result of the other person's tortious conduct.
(b) Unless the person for whom which damages are being
sought has sustained and manifested a physical injury as a direct
result of another person's tortious conduct, damages in a civil
action are not allowed for:
(1) Fear;
(2) Apprehension;
(3) Risk of future injury, loss, or death; or
(4) Future medical monitoring.
(c) The provisions of this section are declared curative and
remedial and are applicable to all claims existing or actions
pending on its effective date and all claims arising or actions
filed on and after its effective date.
NOTE: The purpose of this bill is to prohibit civil actions
seeking medical monitoring costs and the awarding of damages for
fear, apprehension, risk of future injury, loss, or death and
future medical monitoring, unless the person seeking the costs or
damages has sustained and manifested a physical injury as a
direct result of another person's tortious conduct.
This section is new; therefore, strike-throughs and
underscoring have been omitted.