Centennial State News

NFIB has submitted an amicus brief in the Colorado Court of Appeals for the case Smith v. Terumo BCT, Inc. The case addresses whether a cause of action should be created for plaintiffs who are asymptomatic, allowing them to recover damages based on potential future injuries. NFIB collaborated with the U.S. Chamber of Commerce and other business organizations to file this brief.

"Expanding tort liability to include the possibility of injury would undoubtedly undermine the justice system here in Colorado and increase the risk of frivolous litigation against small business owners," stated NFIB State Director Michael Smith. "Main Street Coloradans need greater, not less, certainty in the courts. We ask the Court to decline this dramatic departure from established law."

The brief put forward by NFIB presents two key arguments: first, that traditional tort-law principles do not support medical monitoring as a claim or remedy without an existing physical injury; second, that expanding tort recovery to plaintiffs without current injuries could result in excessive litigation and place unnecessary burdens on the judicial system. It urges the court to "confirm that Colorado does not recognize medical monitoring as either a remedy or a cause of action without present physical injury."

The NFIB Small Business Legal Center is committed to defending small business owners' rights in legal proceedings across the country, including involvement in over 40 cases at both federal and state levels and at the U.S. Supreme Court.