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Attorneys won a toxic tort medical monitoring class action when the court granted defendants' motion for summary judgment as to one of the two class plaintiffs

Attorneys won a toxic tort medical monitoring class action when the court granted defendants' motion for summary judgment as to one of the two class plaintiffs. This decision essentially resulted in a dismissal of the case against defendant. The plaintiffs claimed they needed life long medical monitoring as a result of being exposed to beryllium fumes and dust coming from defendant's plant. However, defendants argued that plaintiffs could not seek medical monitoring unless and until they proved that they were "sensitized" (in essence, allergic) to beryllium because unless they were sensitized, they were not at a substantially increased risk of contracting chronic beryllium disease; mere exposure was not enough.

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