N.H. High Court Says Medical Monitoring Claim Doesn’t Exist in PFOA Case

CONCORD, N.H. –– The New Hampshire Supreme Court has ruled that the state does not recognize a cause of action for medical monitoring, rejecting the efforts of water contamination plaintiffs to bring such claims.

In the March 21 order, New Hampshire’s highest court noted that recent legislative efforts to create such a cause of action in the state have failed and, as such, “the mere existence of an increased risk of future development of disease is not sufficient under New Hampshire law to constitute a legal injury….”

The U.S. District Court for the District of New Hampshire certified two questions …