In an apparent case of first impression, a discovery master appointed by a U.S. District Court judge has predicted that the state Supreme Court would find that the plaintiffs seeking to have a natural gas driller pay for medical monitoring of any injuries they might develop in the future must show that the monitoring would involve treatment not normally recommended for them if they hadn’t been allegedly exposed to reportedly hazardous substances used in natural gas drilling.
At issue in the case of Fiorentino v. Cabot Oil and Gas Corp. is the plaintiffs’ arguments that their medical records are not discoverable because they only have to establish that the monitoring regime for latent diseases from exposure to hazardous substances associated with natural gas drilling is different from what would be normally prescribed for the general public, according to the opinion.
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