3903B. Medical Monitoring Toxic Exposure (Economic Damage)

3903B. Medical Monitoring Toxic Exposure (Economic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Insert number, e.g., "2."] The cost of future medical monitoring. To recover damages for this item, [ ] must prove both of the following: 1. 2. That as a result of the toxic exposure, the need for future monitoring is reasonably certain; and That the monitoring is reasonable. In deciding these issues, you should consider the following: (a) The significance and extent of [ chemical(s); ]'s exposure to the (b) The toxicity of the chemical(s); (c) The relative increase in [ ]'s chance of getting the disease as a result of the exposure, when compared to: (i) (ii) [his/her] chances of developing the disease had [he/she] not been exposed, and the chances that members of the public at large will develop the disease; (d) The seriousness of the disease that may result from the exposure; [and] (e) (f) The medical benefit of early detection and diagnosis; [and] [Insert other relevant factor(s).] 3903B. Medical Monitoring Toxic Exposure (Economic Damage) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [[ ] is not required to pay for medical monitoring that is required for reasons other than [ ]'s exposure to toxic chemicals.] [[ ]] is only required to pay for additional or different monitoring that is required because of the toxic exposure.] ________________________________________________________________________________ New September 2003