The New Hampshire Supreme Court has rejected claims by plaintiffs that exposure to PFAS and the possibility of increased health risks require that a plastics manufacturer using the chemicals pay for medical monitoring of local residents, citing the state legislature’s failure to enact such a requirement.
The ruling, which was prompted by a federal district court’s request, could deal a blow to plaintiffs in other lawsuits seeking medical monitoring, among other measures, as a remedy for exposure to PFAS.
The New Hampshire Supreme Court said the question of whether the possibility of health risks is a cause of action for remedy was a matter best resolved by lawmakers, who had failed to enact such a requirement as recently as several years ago.
March 24, 2023 | Brown v. Saint-Gobain Performance Plastics Corp., No. 1:16-cv-00242 (D.N.H. Mar. 24, 2023).