Special Instructions on Motions for Medical Monitoring
Because of time constraints, discussion of the section on Medical Monitoring at the 2023 Annual Meeting was not completed, and no vote was taken to approve the section. Discussion of the section will resume at the 2024 Annual Meeting. To promote effective and efficient discussion, the following special instructions will govern motions relating to the section on Medical Monitoring.
At the 2023 Annual Meeting, the membership discussed and voted on several motions. John Beisner, Mark Behrens, Susan Sharko, and Luther Munford presented motions to amend the section; those motions failed.
The motions that failed at the 2023 Annual Meeting proposed the following changes to the section:
1. Replace the draft black letter with a statement declaring that the Institute is declining to adopt a black-letter rule on medical monitoring at this time and publish instead a state-by-state description of existing law.
2. Add a present physical-injury requirement to the black letter.
3. Add a requirement in the black letter that the plaintiff “has incurred, or will incur, expense” in connection with medical monitoring.
4. Include in the black letter a requirement that there will be no medical monitoring liability if it would pose a “significant risk” of recovery to those presently injured.
Motions submitted for the 2024 Annual Meeting that propose the same or functionally equivalent changes as a motion that failed at the 2023 Annual Meeting will be out of order and will not be considered. Motions that propose new changes and comply with ALI’s procedures will be considered.
Members who object to the resolution of the issues reached at the 2023 Annual Meeting may express their views by voting on the Boskey motion to approve the section or Tentative Draft.