In Sadler v. Pacificare of Nevada, Inc., 340 P.3d 1264 (Nev. 2014) (No. 62111), in a case of first impression in Nevada, the Nevada Supreme Court addressed a lower court decision holding that claims for medical monitoring in a proposed class action could not proceed absent a present physical injury.  The underlying suit alleged that the defendant was negligent in failing to oversee the medical providers in its network, leading to an outbreak of Hepatitis C among their patients.  The class plaintiffs sought medical monitoring as a remedy, even for individuals who had not yet been diagnosed with Hepatitis C.  The trial court held that a present physical injury was required, but the Nevada Supreme Court reversed, holding that the action could be maintained for a medical monitoring remedy so long as some injury, though not necessarily a physical injury, was alleged.  The court held that such an injury could include “unwillingly enduring an unsafe injection practice and the resulting increase in risk of contracting a latent disease and need to undergo medical testing that would not otherwise be required.”