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Sunday, August 9, 2009

Asbestos Exposure Results in $200,000 Award for Future Medical Monitoring

The NJ Appellate Division recently affirmed a jury award for $200,000. for medical monitoring. The injured worker was exposed to asbestos fiber at worked as a millwright for a paper mill during the years 1956 through 1994 and a Johns Manville for approximately 6 months in 1955. He was diagnosed as having "pleural plaques" on his lungs.

The Court, relying on other judicial precedent, held that the award of damages for future medical medical monitoring was "'consistent with well-accepted legal principles'" and "'the important public health interest in fostering access to medical testing for individuals whose exposure to toxic chemicals creates an enhanced risk of disease.'"

Since asbestos related disease is progressive and has a long latency period from the initial exposure to the onset of disease (asbestos, cancer & mesothelioma) it is warranted that medical monitoring through doctor's visits are warranted.

Sarkozy v A.P. Green, et al., NJ Super A-0312-07T1 (App Div) Decided July 31, 2009.

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