Medical surveillance claims: A troubling trend in toxic torts

Recent increases in the number and complexity of toxic substance suits with health claims have increased requirements for long-term medical guardianship in order to identify latent diseases. Such medical surveillance seeks to identify early signs of disease in order to maximize treatment. In order to prove the need for long-term surveillance, the presence of a toxic substance must be proved, as well as the potential for contact, its ability to harm, and the increased probability of latent illness. However, these goals are unlikely to be met in most cases, and medical tests to prove causation are unreliable or nonexistent.