Caplan Cobb Partner Michael Eber Argues Landmark Medical-Monitoring Case Before Georgia Supreme Court

Caplan Cobb partner Michael Eber recently presented oral argument to the Supreme Court of Georgia in a closely watched case arising from the 2024 BioLab chemical fire in Conyers, Georgia—a warehouse fire that triggered evacuations and shelter-in-place orders across the surrounding area.

The central legal question in the case is one of first impression for Georgia's highest court: whether plaintiffs may seek recovery for medical monitoring costs based solely on exposure to alleged hazardous substances, without any present physical injury.

Representing BioLab, Eber argued that Georgia law does not support medical-monitoring claims in the absence of a current, demonstrable injury. He also addressed the broader institutional question of whether courts—rather than Georgia’s General Assembly—are the appropriate body to recognize such a novel claim. Extending liability to cover medical monitoring for increased risk of future illness, Eber argued, would usurp the legislature's constitutional role in defining the contours of tort recovery. Plaintiffs’ counsel argued that medical monitoring should be available upon proof of significant exposure and an elevated risk of future disease, even absent a present injury.

The Court's decision is likely to be consequential and will shape the scope of tort liability in Georgia for mass exposure cases involving chemical releases, environmental contamination, and similar events for years to come.

Coverage of the argument: WABE and Fox5.

The argument can be viewed on our Appellate Practice page.