Victims of asbestos exposure may experience greater ease in filing asbestos lawsuits due to a new bill introduced in the Texas Senate. Dubbed the “mesothelioma Senate Bill 1123,” this new legislation, if passed, may ease the requirements for plaintiffs who file a lawsuit to seek compensation following an asbestos-related disease diagnosis.
Introduced by Senator Robert Duncan, the bill will significantly lower standards that are required to demonstrate proof that exposure to asbestos was the cause of a patient’s cancer development. Senator Duncan said recent court rulings have made filing an asbestos-related lawsuit extremely difficult for mesothelioma patients who must provide evidence for the cause of their cancer.
The bill is currently pending and officials have noted that the legislation may face opposition from interest groups, corporations and businesses.
Asbestos lawsuits are often filed by patients diagnosed with mesothelioma. Malignant mesothelioma is a rare form of asbestos lung cancer caused almost exclusively by asbestos exposure. The cancer develops in the mesothelium, a membrane that covers many organs.
Asbestos is still present in many industrial products such as roof shingles, pipe insulation, flooring, brake linings and cement. Approximately 2,000 to 3,000 cases of mesothelioma are diagnosed each year, accounting for approximately three percent of cancer diagnoses in the United States.
Many mesothelioma patients were exposed to asbestos as a result of job site exposure. The dangers of asbestos exposure were known long before any efforts were made to protect citizens and workers. Thousands of American workers were exposed to asbestos during the 20th century, without warnings provided from companies that knew of the dangers associated with the toxic mineral. Asbestos manufacturers were often aware of the hazardous qualities associated with exposure, but buried any evidence that placed asbestos in a negative light.
Mesothelioma patients who have filed lawsuits in Texas currently face tough regulations with regard to providing proof of their exposure and cancer development. Due to a latency period lasting anywhere from 20 to 50 years, mesothelioma can be extremely difficult to diagnose, further increasing difficulties for patients with mesothelioma in Texas. Victims have faced numerous obstacles in seeking compensation due to the lack of evidence.
If the bill is passed by the Texas House, it will put Texas in line with other states when it comes to asbestos legislation. The level of proof will be reduced under the bill and victims may have an easier time receiving compensation from those who are deemed responsible.
Additional information about asbestos legislation and mesothelioma may be found through the Mesothelioma Cancer Center.
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