Workers at a Boeing facility brought a lawsuit in Federal Court in Mississippi asking for medical monitoring.  The workers claim they were exposed to beryllium dust at the facility.  Exposure to beryllium dust can cause scarring of the lungs that can be fatal.  The claim brought in a suit for medical monitoring is not that the worker has a physical injury, but that the worker has fear of an injury and that is an injury in and of itself. 

Had the case not been denied, the workers would have sought to create a fund to pay for their monitoring in the future.  This is something that, considering the state of the health care system in this country today, is absolutely necessary for the hard working men and women of this country – when they have been exposed at their worksite to a known toxic material.  Score another one for big business.