Ralph Wellington was quoted in an April 12, 2006 article in The Legal Intelligencer, “Phila. Judge Rules Against Proposed Rohm and Haas Class.” In Brendley v. Rohm and Haas Co., a case of first impression, Judge Mark I. Bernstein ruled that a proposed class of current and former Rohm and Haas employees are barred under the Workers' Compensation Act from bringing a medical monitoring action involving allegations that their work at a Montgomery County research facility left them with an increased risk for brain cancer. But in dismissing the complaint, Judge Bernstein granted the plaintiffs leave to file a corollary claim in workers' comp court.
Ralph, on behalf of the defense, agreed with Judge Bernstein’s decision to dismiss the plaintiff’s complaint and agreed that medical monitoring claims are better suited for a workers’ compensation setting. “I think to the extent that these claims for medical monitoring are alleged to have arisen in the workplace, they can only be filed in workers' compensation court,” Ralph said.