Baker v. Croda Inc.

Summary

The Delaware Supreme Court answered a certified question by holding that an increased risk of illness, without present physical harm, is not a cognizable tort injury under Delaware law. A future risk becomes actionable only when it manifests as physical disease because Delaware tort claims require an actual or imminent injury. The court also noted policy concerns about potentially unlimited medical-monitoring litigation but left any creation of a separate medical-monitoring cause of action to the General Assembly.