On January 20, 2026, the NAM filed an amicus brief in the Supreme Court of Georgia urging the court to find that plaintiffs who experience exposure, but no physical injury, have no cognizable tort claims. In re Bio-Lab, Inc. arises from an explosion at a chemical plant in Rockdale County, Georgia where thousands of county residents were exposed to a chemical known as TCCA. A class of plaintiffs who admittedly suffered no physical injuries from this exposure sued the owner of the plant seeking millions of dollars for a “medical monitoring” fund to pay for ongoing screenings for illnesses that may develop from their exposure. As many as 14 states have recognized these “medical monitoring” claims as viable causes of action. Georgia lawmakers have not spoken on this issue.
Our amicus brief urges the Georgia high court to reject “medical monitoring” as a viable tort law claim, emphasizing that basic tenets of tort law allow only plaintiffs with actual injuries to sue, and that requiring the ongoing payment of damages for injuries that may never occur is an unfair and never-ending penalty for corporate defendants.