Washington, D.C.—AdvaMed, the Medtech Association, asked the Colorado Court of Appeals to uphold traditional tort principles in a significant case concerning medical monitoring.

AdvaMed filed an amicus brief in the case of Smith v. Terumo BCT, Inc. The case concerns whether the court should create a cause of action for asymptomatic plaintiffs, permitting recovery based solely on the possibility of future injury. AdvaMed filed the brief with the U.S. Chamber of Commerce and other business groups.

As noted in the brief, medical-monitoring claims by asymptomatic plaintiffs will impose substantial costs on defendants, harming businesses and the economy. Allowing such claims could divert resources away from those with actual injuries, leaving genuinely injured claimants with fewer resources for compensation.

“Expanding tort recovery to uninjured plaintiffs leads to unbounded litigation and unwarranted burdens on the judicial system,” said Pat Fogarty, Deputy General Counsel & Senior VP of Legal at AdvaMed. “Recognizing medical-monitoring claims would harm innovation and result in adverse economic consequences.”

Read a copy of the AdvaMed amicus brief. Frederick R. Yarger and Kate K. Fletcher of Wheeler Trigg O’Donnell LLP served as Counsel of Record on the brief.