New Hampshire Supreme Court Denies Plaintiffs’ Attempt to Recover Medical Monitoring Costs

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).

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