In a recent development, the Delaware Supreme Court ruled that there must be a manifestation of physical harm for a claim to be made for an increased risk of illness under Delaware law. This ruling only sharpens Delaware’s stance on medical monitoring claims, making it stand apart from its neighboring states.
In a case identified as Baker v. Croda, Inc., No.393, 2002 (dated August 24, 2023), the Delaware high court declared, “A risk of harm only constitutes a cognizable injury once it manifests in a physical disease“. The ruling was made by Maron Marvel Bradley Anderson & Tardy LLC.
Regardless of the particularities, this judgment underlines the necessary requirement for claimants to prove a physical manifestation of any foreseeable harm or increase in risk of illness. This not only applies to the state’s already established legal infrastructure but also implies possible ramifications in interpreting and applying similar cases country-wide or possibly even on an international level.
With this judgment, the court has essentially restructured the basis for potential claimants to file for compensation, thereby necessarily raising the bar for medical monitoring claims in Delaware.
The Delaware decision is a timeous reminder to legal professionals to always carefully consider and weigh the severity of an alleged harm rendered to any claimant and its physical manifestation before commencing with legal proceedings. Legal professionals wallowing in this sphere will have to adapt swiftly to these new norms established by the Delaware Supreme Court.