Senate Bill No. 138
(By Senators Sharpe and McKenzie)
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[Introduced February 16, 2001; referred to the
Committee on the Judiciary.]
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A BILL to amend article seven, 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-one, relating to providing that consequential damages
for tortious injury may not include future medical
monitoring costs.
Be it enacted by the Legislature of West Virginia:
That article seven, 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-one, to read as follows:
ARTICLE 7. ACTIONS FOR INJURIES.
§55-7-21. Future medical monitoring costs not allowable as
consequential damages for tortious injury.
Consequential damages for tortious injury may not include
future medical monitoring costs.
NOTE: The purpose of this bill is to limit a recent state
Supreme Court decision which allowed future medical monitoring
costs as consequential damages in tort cases.
This section is new; therefore, strike-throughs and
underscoring have been omitted.