Union Carbide, Covestro Set to Face Medical Monitoring Suit (1)

Union Carbide Corp. and Covestro LLC must face a proposed class action over a West Virginia plant that emitted ethylene oxide because the medical examination process plaintiffs have to undergo qualifies as harm, a federal appeals court ruled.

The US Court of Appeals for the Fourth Circuit reversed a lower court’s summary judgment Monday in favor of the companies, finding the plaintiffs’ diagnostic and monitoring costs are a concrete injury stemming from a physical harm allegedly inflicted by the former plant owners.

Lead plaintiff Lee Ann Sommerville “is not suing about a ‘speculative threat’ that depends on a third party’s ...