According to a news source, Pennsylvania residents who allege property damage and personal injury in litigation against companies extracting natural gas by means of hydraulic fracturing have sought a protective order to deny the defendants access to their medical records. Fiorentino v. Cabot Oil & Gas Corp., No. 09-2284 (U.S. Dist. Ct., M.D. Pa., pleading filed May 2, 2011). The court previously entered an order denying a defense motion to dismiss the plaintiffs’ medical monitoring claim, and the plaintiffs have reportedly argued that their past or present physical health is not relevant to that claim under Pennsylvania law. The defendants apparently responded to the request for protective order by arguing, “To prove a remedy of medical monitoring trust fund, Plaintiffs must show [that] monitoring beyond that normally recommended in the absence of exposure is required. A jury cannot determine what is beyond that normally recommended for each individual without knowledge of the Plaintiffs’ medical histories.” See Mealey’s Emerging Toxic Torts, May 17, 2011.
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Plaintiffs challenge need for medical records to support medical monitoring claim
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