Grin Without the Cat: Claims for Damages From Toxic Exposure Without Present Injury.

摘要

Toxic tort litigation has, in the last several years, moved in the direction of attempting to gain damages in cases where neither impact nor present injury can be shown. Non-injury damage claims are called medical monitoring, increased or enhanced risk of disease (frequently cancer) and emotional distress. The claims for emotional distress include claims for psychological injury from the awareness of exposure and the alleged increased risk of the disease. Emotional distress due to fear of cancer is sometimes called 'cancerphobia.'.