2023 Regular Session • West Virginia Legislature
HB3193: Relating to damages for medical monitoring; establishing requirements for an order for payment of medical monitoring expenses
Legislative Summary
The purpose of this bill is to provide for damages for medical monitoring. The bill establishes requirements for an order for payment of medical monitoring expenses. The bill provides that an increased risk of disease is not a compensable basis for damages in any civil action. The bill provides that, where awarded, payment of medical monitoring expenses shall not be paid to a prevailing plaintiff until the procedure is completed. The bill requires that, where awarded, defendants pay medical monitoring expenses into a fund established by the court for that purpose. Finally, the bill provides for the return of any money remaining in the fund after medical monitoring is no longer required to the defendants.
Bill History
1/31/2023
Filed for introduction
House of Delegates
1/31/2023
To Judiciary
House of Delegates
1/31/2023
Introduced in House
House of Delegates
1/31/2023
To House Judiciary
House of Delegates
Status Information
Current Status
Introduced(1/31/2023)
Chamber
House of Delegates
Committee
Judiciary(House of Delegates)
Sine DiePrior Session
Sponsors
Republican: 6
Primary Sponsor

Phil Mallow
Republican