The 3rd U.S. Circuit Court of Appeals will soon be asked to decide whether the state of Delaware would recognize medical monitoring as a cause of action now that a Pennsylvania federal judge has certified an immediate appeal of his decision predicting that it would.
In his 14-page opinion in Hess v. A.I. duPont Hospital for Children , U.S. District Judge R. Barclay Surrick concluded there were “substantial grounds for disagreement over whether Delaware will actually recognize a cause of action for medical monitoring.”
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