Products Liability Series: Does Arkansas Law Recognize a Claim for Medical Monitoring?
By EsqSocial Corporation 26/05/21
No. Medical monitoring may possibly be treated as a type of damages, but is not a separate cause of action in Arkansas. The Rule. Although the case law on this topic is scant in Arkansas, in one case the Arkansas Supreme Court acknowledged that there is no standalone claim for medical monitoring. Baker v. Wyeth-Ayerst Lab’ys Div., a Div. of Am. Home Prod. Corp., 338 Ark. 242, 245, 992 S.W.2d 797, 799 (1999); Nichols v. Medtronic, Inc., No. 4:05-CV-00681-JLH, 2005 WL 8164643, at *11 (E.D. Ark....
By: Mitchell, Williams, Selig, Gates & Woodyard,