West Virginia SB93 limits damages for medical monitoring to cases where a diagnosable physical disease exists and is caused by the defendant's.

West Virginia SB93 amends the state's Code to establish that an increased risk of disease alone is not compensable through damages. For a plaintiff to receive damages for future medical surveillance, screening tests, or monitoring procedures, they must prove that they have a diagnosable physical disease caused by the defendant's conduct. Additionally, any court-ordered payments for these procedures must be made into a fund, with repayments to defendants if the procedures are no longer needed.

West Virginia SB93 limits damages for medical monitoring to cases where a diagnosable physical disease exists and is caused by the defendant's.

West Virginia SB93 amends the state's Code to establish that an increased risk of disease alone is not compensable through damages. For a plaintiff to receive damages for future medical surveillance, screening tests, or monitoring procedures, they must prove that they have a diagnosable physical disease caused by the defendant's conduct. Additionally, any court-ordered payments for these procedures must be made into a fund, with repayments to defendants if the procedures are no longer needed.