Wis. Court Affirms Dismissal, Says State Doesn't Recognize Medical Monitoring Claim

WAUSAU, Wis. -- A Wisconsin appellate court has affirmed the dismissal of claims in a chemical release lawsuit, ruling that in order for the plaintiffs to proceed with their tort claims, they must show evidence of an actual, present injury. Alsteen, et al. v. Wauleco Inc., et al., No. 2010AP1643 (Wis. Ct. App.).

The Wisconsin Court of Appeals, District III, reached its ruling on June 14, affirming the dismissal of a complaint on grounds that the plaintiffs had not alleged a present injury, but instead an increased risk of cancer.

The complaint was filed by 70 plaintiffs who contend that …