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Introduced Version House Bill 2097 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2097


(By Delegate Smirl)

[Introduced February 14, 2001; 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.
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