## Facts

- William L. Hagerty, a Jones Act seaman working as a tankerman, was on a barge being loaded with chemicals at a Union Carbide facility in Guayanilla, Puerto Rico.
- During loading, Hagerty was accidentally soaked with “dripolene,” a toxic chemical mixture containing benzene, toluene, and xylene, allegedly due to a defect in the barge and/or loading equipment.
- Hagerty experienced immediate physical effects after the exposure and sought medical attention.
- Knowing the chemicals were carcinogenic, Hagerty developed anxiety about future cancer risk and was advised to obtain periodic screenings.
- Hagerty sued his employer and Union Carbide under the Jones Act and general maritime law, seeking damages for physical injury, pain and suffering, mental anguish from fear of cancer, and costs of future medical checkups.

## Issues

1. Whether a tort cause of action accrues upon toxic exposure accompanied by present physical injury, even without a later-manifesting disease such as cancer.
2. Whether, if liability is proven, damages for fear of developing cancer and for periodic medical monitoring are recoverable.

## Decision

- The Fifth Circuit reversed summary judgment for defendants and remanded.
- The court held Hagerty suffered present physical injuries from the chemical exposure; therefore, his cause of action had accrued even though he had not developed cancer.
- The court held that, upon proper proof, fear-of-cancer mental-anguish damages and medical-monitoring expenses may be recoverable, leaving factual determinations for proceedings on remand.

## Legal Principles

- A tort cause of action accrues when the plaintiff suffers harm caused by the defendant’s wrongful conduct; injury may be immediate (traumatic) or latent, but accrual occurs when the injury exists and is discovered.
- Under the traditional “single cause of action” rule, a plaintiff must seek past, present, and probable future damages in one suit; later worsening does not create a new claim.
- When a plaintiff has suffered a physical injury, mental-anguish damages for fear of future disease may be awarded if the fear is reasonable and supported by evidence (including medical proof of risk).
- Medical-monitoring costs may be awarded as damages when periodic examinations are a reasonable and necessary response to a significant risk of serious disease created by toxic exposure.

## Conclusion

Because Hagerty alleged and produced evidence of present physical injury from toxic exposure, his claim had accrued and could proceed; on remand, he could attempt to prove and recover reasonable fear-of-cancer damages and necessary medical-monitoring expenses.


Hagerty v. L & L Marine Servs., Inc., 788 F.2d 315 (5th Cir. 1986)