CHARLESTON — Legislation introduced by Sen. Eric Tarr (R-Putnam, 4) would significantly limit when plaintiffs can recover damages for future medical monitoring in civil lawsuits, drawing criticism from consumer and labor advocates who say it could restrict access to early disease detection.
Senate Bill 93 (2026) would bar courts from awarding damages for increased risk of disease unless a plaintiff can prove they already have a diagnosable physical illness directly caused by a defendant’s actions.
Under the bill, an increased risk of future disease, even if supported by scientific evidence, would not be compensable on its own. Plaintiffs seeking coverage for medical surveillance, screening tests or monitoring would be required to show they currently suffer from a physical disease and that the disease was caused by the defendant. This means someone exposed to chemicals or other hazardous substances could not receive court-ordered medical monitoring unless they are already sick, even if doctors believe ongoing testing is necessary to catch a disease early.
The measure also changes how courts may order payment for future medical monitoring. Rather than allowing lump-sum awards, judges would be required to order defendants to make periodic payments into a court-managed fund. Instead of receiving money upfront, courts would require defendants to pay into a special fund. Payments would only be made after medical procedures are completed, and any unused money would be returned to the defendant once monitoring is no longer required.
Supporters say the legislation prevents speculative lawsuits and protects businesses from paying damages for illnesses that may never develop after toxic exposure.
Opponents argue the bill makes it harder for people to protect their health after exposure to toxic substances. They say medical monitoring has often been used in environmental and chemical exposure cases to allow early detection of serious diseases, potentially saving lives and reducing long-term health costs.
Critics also contend the bill shifts financial risk to individuals by forcing them to wait until they are sick before relief is available, potentially discouraging early intervention and increasing long-term health care costs.
Medical monitoring claims have been a recurring issue in West Virginia courts, particularly in cases involving alleged environmental or industrial exposure. SB 93 would limit such claims regardless of the legal theory asserted, including negligence, product liability or other causes of action.
The bill has been referred to the Judiciary Committee for further consideration during the 2026 legislative session.