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Meyer ex rel. Coplin v. Fluor Corporation

Supreme Court of Missouri

220 S.W.3d 712 (2007)

Relevant factsFree

Rebecca Coplin brought a class action on behalf of Lani Meyer (plaintiff) and roughly 200 other children who lived near a lead smelter operated by Fluor Corporation (defendant). The smelter released large amounts of lead, which is especially toxic to children and can cause latent injuries that don't surface until years later. Meyer sought damages to cover lead testing and ongoing medical monitoring for the exposed children, but the trial court refused to certify the class, reasoning individual issues would predominate — a standard the court borrowed from ordinary personal-injury cases requiring a present physical injury. Meyer appealed, arguing the trial court applied the wrong legal framework to a medical-monitoring claim.

IssueFree

Whether medical-monitoring damages are recoverable when a plaintiff shows a significantly increased risk of a particular latent disease from another's tortious conduct and a medically necessary need for monitoring to catch early warning signs.

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