Perrine v. E.I. Du Pont De Nemours & Co.

While I am in agreement with the thorough, well-researched, and well-reasoned majority opinion regarding the bulk of the issues resolved, I disagree with the majority’s conclusion regarding the availability of punitive damages in a medical monitoring cause of action. The majority holds that “[pjunitive damages may not be awarded on a cause of action for medical monitoring.” I strongly disagree with this holding as punitive damages should be available in a medical monitoring cause of action, but only when the defendant’s conduct rises to the level of willful, wanton, and egregious conduct…