SB657 S JUD AMT

Kleeh 7824

The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

Eng. Senate Bill No. 657 – A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-30, relating generally to damages for medical monitoring; prohibiting payment of damages for a plaintiff’s future medical surveillance, screening tests or monitoring procedures to a plaintiff to cover the cost of his or her future medical surveillance, screening tests or monitoring procedures until they have been completed; establishing that court shall order liable defendant to make periodic payments into a fund established to pay the cost of future medical surveillance, screening tests or monitoring procedures; authorizing court to determine how the fund will be administered; requiring court to establish date after which future medical surveillance, screening tests or monitoring procedures are no longer required; providing for repayment of monies remaining in the fund that are not needed to pay for medical surveillance, screening tests or monitoring procedures completed prior to the date established by the court to the contributing defendants; and providing that repayments to multiple defendants to be made in proportion to the total contributions of each defendant to the fund.