Mere exposure to beryllium is not enough to justify a claim for medical monitoring under Pennsylvania law, the 3rd U.S. Circuit Court of Appeals has ruled, because the hazardous effects of the metal are seen only in the small percentage of the population that is genetically predisposed to be sensitive.
In one 56-page opinion, the 3rd Circuit upheld the dismissal of two cases — Sheridan v. NGK Metals and Anthony v. Small Tube Manufacturing Corp. — that sought to establish medical monitoring for those who worked in a U.S. Gauge plant in Sellersville, Pa., between 1972 and 2004, and those who lived within a mile of a Reading Beryllium plant in Muhlenberg Township, Pa., between 1977 and 1984.
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