293 F. Supp. 3d 865
S.D. Iowa2018Background
- Jeri Pickrell sued Sorin Group USA (remaining defendant) alleging class claims for medical monitoring and declaratory relief arising from potential exposure to non-tuberculous mycobacterium (NTM) from a 3T heater‑cooler device used during her June 19, 2016 open‑heart surgery.
- University of Iowa and Mercy Medical Center notified thousands of patients that certain 3T devices may have exposed patients to NTM; asymptomatic patients were told testing/treatment generally unnecessary.
- Pickrell is asymptomatic and not diagnosed with NTM; her complaint explicitly excludes claims for actual NTM injury.
- Defendant moved to dismiss under Fed. R. Civ. P. 12(b)(6), arguing (1) Iowa does not recognize a medical‑monitoring cause of action and, even if it did, Pickrell alleged no present need for monitoring; and (2) declaratory relief is improper because no underlying justiciable claim exists.
- The court applied Iowa law (diversity jurisdiction) and considered whether the Iowa Supreme Court would recognize a negligence‑based medical monitoring claim absent actual injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Iowa recognizes a negligence‑based medical monitoring claim | Pickrell seeks recognition of medical monitoring for asymptomatic exposure class members | Iowa law does not recognize the claim; negligence in Iowa requires actual injury | Court predicts Iowa would decline or require actual injury; Count I dismissed |
| Whether plaintiff alleged sufficient facts to show need for medical monitoring | Pickrell alleges potential exposure and seeks testing/treatment costs | No present injury or symptoms alleged; requests are speculative | Court: no alleged present injury or need; claim implausible and dismissed |
| Whether declaratory relief is available | Pickrell seeks declaration regarding monitoring obligations/rights | Declaratory relief requires an underlying justiciable claim or private right | Because medical monitoring claim is dismissed, no actual controversy exists; Count II dismissed |
| Whether certification to Iowa Supreme Court was warranted | Pickrell asked the court to certify the novel issue to the Iowa Supreme Court | Defendant argued no certification motion was made and issue not ripe | Court declined to certify; dismissed action on Rule 12(b)(6) grounds |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (establishes plausibility standard for pleadings)
- Ashcroft v. Iqbal, 556 U.S. 662 (clarifies pleading and plausibility analysis)
- Erie R.R. Co. v. Tompkins, 304 U.S. 64 (federal courts apply state substantive law in diversity cases)
- Braden v. Wal‑Mart Stores, Inc., 588 F.3d 585 (pleading standards in the Eighth Circuit)
- Vossoughi v. Polaschek, 859 N.W.2d 643 (Iowa 2015) (negligence requires actual injury under Iowa law)
- Phillips v. Covenant Clinic, 625 N.W.2d 714 (Iowa 2001) (medical negligence elements include injury)
- Marcus v. Young, 538 N.W.2d 285 (Iowa 1995) (traditional negligence elements include damages)
- Steffel v. Thompson, 415 U.S. 452 (actual controversy requirement for declaratory relief)
- Caldwell v. Gurley Refining Co., 755 F.2d 645 (8th Cir. test for declaratory judgments: immediacy and reality)
- Schilling v. Rogers, 363 U.S. 666 (Declaratory Judgment Act does not create independent cause of action)
- Western Cas. & Sur. Co. v. Herman, 405 F.2d 121 (8th Cir. 1968) (Declaratory Judgment Act adjudicates existing rights)