ELR Citation: ELR 20677
No(s). LR-C-87-236 (E.D. Ark. Nov 14, 1990)

The court holds that medical monitoring costs are not recoverable as necessary costs of response under §107 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Former employees of a chemical plant have demonstrable levels of 2,3,7,8-TCDD dioxin in their blood, which they claim was caused by exposure to the chemical at the defendants' plant, and seek recovery of their medical monitoring costs of about $1,850 per year per person. The court holds that CERCLA's plain language and implementing regulations contemplate only the cleanup of toxic substances from the environment and not individual medical testing and monitoring. Furthermore, CERCLA's legislative history indicates that Congress did not intend to provide for a cause of action for medical expenses. The court notes that Congress specifically deleted such provisions from CERCLA §107 and created the Agency for Toxic Substances and Disease Registry to address the need for medical testing arising out of a release of toxic substances.

Counsel for Plaintiffs
Griffin Smith
Smith & Nixon
1955 Union National Plaza, 124 W. Capitol Ave., Little Rock AR 72201
(501) 376-6291

Gary Davis
Gilreath & Associates
P.O. Box 1270, Knoxville TN 37901
(615) 637-2442

Counsel for Defendants
Kevin A. Crass, Diane Mackey
Friday, Eldridge & Clark
2000 First Commercial Bldg., Little Rock AR 72201
(501) 376-2011

Kevin Harrington, Emma V. Verdieck
Rivkin, Radler, Dunne & Bayh
EAB Plaza, Uniondale NY 11556-0111
(516) 357-3280