PETITO v. A.H. ROBINS CO., INC.

No. 98-3274.

750 So.2d 103 (1999)

Joseph PETITO and Terry Stubbs, Appellants, v. A.H. ROBINS COMPANY, INC., a Delaware corporation, Zenith Goldline Pharmaceutical, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 16, 2000.


Attorney(s) appearing for the Case

Robles & Gonzalez and Ervin Gonzalez and Raymond W. Valori, Miami; Leeds & Colby, Miami; L. Dianne Mason, Coral Gables, for appellants.

Cooney, Mattson, Lance, Blackburn, Richards & O'Connor; Arnold & Porter and Steven P. Lockman and Ellen Steury and Bruce M. Chadwick, Washington, DC; Sterns Weaver Miller Weissler Alhadeff & Sitterson and Martin B. Woods, Ft. Lauderdale; Lester, Schwab, Katz & Dwyer and Frederick H. Fern, Millburn, NJ, for appellees.

Before SCHWARTZ, C.J., and NESBITT, and SORONDO, JJ.


NESBITT, J.

The instant case presents an issue which several other courts have recently confronted, but which no Florida court has directly addressed: whether or not Florida recognizes a cause of action for medical monitoring when the party seeking relief has yet to develop any identifiable physical injuries or symptoms. For the reasoning set forth below, we answer this question in the affirmative and reverse the trial court's Order Granting Final Judgment on the...

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