454
Opinion of Ginsburg, J.
surveillance entails, see supra, at 450-451; if an employer provides all that a reasonable physician would recommend for the exposed employee, the employee would incur no costs and hence have no claim for compensation. Nor does the FELA claim Buckley states pave the way for "tens of millions of individuals" with similar claims. See ante, at 442. It is doubtful that many legions in the universe of individuals ever exposed to toxic material could demonstrate that their employers negligently exposed them to a known hazardous substance, and thereby substantially increased the risk that they would suffer debilitating or deadly disease.4 Withholding relief, moreover, is dangerous, for lives will be lost when grave disease is diagnosed too late.
C
The Court emphasizes most heavily that several courts, while authorizing recovery for medical monitoring, have imposed or suggested special limitations on the tort remedy. See ante, at 440-441. In lieu of lump-sum damages, the Court indicates, a court-supervised fund might be the better remedy. See ante, at 441; see also Potter, 6 Cal. 4th, at 1006-1010, and n. 28, 863 P. 2d, at 821-825, and n. 28 (recognizing claim and affirming award for medical monitoring; suggesting in footnote creation of court-supervised fund); Hansen, 858 P. 2d, at 979-982 (reversing grant of summary judgment and recognizing claim for medical monitoring; suggesting creation of court-supervised fund); Ayers, 106 N. J., at 607-611, 525 A. 2d, at 313-315 (affirming damages award for medical monitoring; suggesting creation of court-supervised fund in future cases); Burns, 156 Ariz., at 380-381, 752 P. 2d, at 33-34 (recognizing claim for medical monitoring; holding plaintiffs entitled to award from court-supervised fund).
It is scarcely surprising that the Second Circuit did not consider relief through a court-supervised fund. So far as the record before us shows, no party argued in the District
4 If liability under the common law is to extend further, see ante, at 442, that is a matter for the States to decide.
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