The New Hampshire Supreme Court has issued a decision rejecting a claim for medical monitoring sought by claimants with no present physical injury. The case, Brown v. Saint-Gobain Performance Plastics Corp., No. 2022-0132, involved a putative class action by individuals allegedly exposed to PFOA in contaminated water and soil in the vicinity of a manufacturing facility. The claimants sought funds to monitor for the development of a range of potential health issues. The appeal reached the New Hampshire Supreme Court on a certified question from a federal district court. The New Hampshire Supreme Court held: “the mere existence of an increased risk of future development of disease is not sufficient under New Hampshire law to constitute a legal injury for purposes of stating a claim for the costs of medical monitoring as a remedy or as a cause of action in the context of plaintiffs who were exposed to a toxic substance but have no present physical injury.”

Note from the Editor: The Federalist Society takes no positions on particular legal and public policy matters. Any expressions of opinion are those of the author. We welcome responses to the views presented here. To join the debate, please email us at info@fedsoc.org.