Medical Monitoring

West Virginia recognizes medical monitoring causes of action in certain instances. Per Syllabus Point 3 of Bower v. Westinghouse Elec. Corp., 206 W.Va. 133, 522 S.E.2d 424 (1999), in order to sustain a medical monitoring action, the plaintiff must demonstrate each of these factors:

1. Plaintiff has been Significantly exposed;

2. to a proven hazardous substance;

3. through the tortious conduct of the defendant.

4. As a proximate result of the exposure, plaintiff has suffered an increased risk of contracting a serious latent disease relative to the general population.

5. The increased risk of disease makes it reasonably necessary for plaintiff to undergo periodic diagnostic medical exams different from what would be prescribed in the absence of exposure.

6. Monitoring procedures exist that make early detection possible

Typically, medical monitoring lawsuits involve multiple plaintiff lawsuits or class actions of individuals bringing claims against entities or companies as a result of some type of toxic chemical exposure to a group of people or a population. Such alleged hazardous substances could be arsenic, asbestos, chlorine, polyacrylamide, zinc, benzene, C-8, or any of a number of chemicals that could be produced and released by West Virginia companies.

The law firm of Bailey & Wyant, PLLC represents and has represented companies who manufacture chemicals as well as the downstream distributors of chemicals. We also represent employers as well who are both the employer under the deliberate intent theory and third parties who claim exposure while working at the facility or delivering the product.

Our team of attorney's posses a deep understanding of the science of chemical exposure litigation, which is key in any medical monitoring case, and know how to successfully defend it. Whatever the allegation, we know how to complete the task from start to finish.

The firm's extensive litigation and trial work has resulted in an experienced team of litigators respected by both the plaintiffs' bar and the courts. Our typical litigation team includes one or more members and one or more associates, as well as paralegals and other legal staff. Because our litigation teams are usually involved from the filing of the lawsuit to its resolution, the firm provides the highest quality of work in the most cost-effective manner.

Additionally, Bailey & Wyant has access to a vast array of talented and knowledgeable experts in the particular field involving the chemical or product at issue, as well as experience in substantive areas related to toxic tort litigation, including epidemiology, risk assessment, and toxicology. Furthermore, our medical monitoring and toxic tort attorneys have successfully defended complex, multiple plaintiff lawsuits and class actions with respect to medical monitoring claims.

If you are a chemical manufacturer, distributor, or retail seller whose product has allegedly caused injury or death, or a premises owner or employer, the attorneys at Bailey & Wyant, PLLC can help.

Our law firm has represented clients in both State and Federal Courts, involving claims of injury or death allegedly caused by exposure to the following chemicals or products:


•welding fume and/or welding rods




•metal working fluids


•coal slurry


•other chemicals and substances

Contact Administrative and Regulatory Attorneys


Justin C. Taylor