Kansas State Senate May Make It Harder for Mesothelioma Victims To File Lawsuits

The Kansas State Senate recently debated the subject of settlements and jury awards provided to mesothelioma patients and other victims of asbestos exposure.

The local senators argued over the future of House Bill 2457, which would put an additional burden on mesothelioma patients, forcing them to pursue a lengthy and comprehensive investigation before filing mesothelioma lawsuit against the asbestos companies responsible for their illness.

Despite strong arguments from advocates for those exposed to asbestos, the debate ended in support of the new bill.

Though senators who favored the bill argue that the new law will make it easier and faster for mesothelioma victims to receive payment following lawsuits, advocates on behalf of asbestos victims say that it makes it much harder for mesothelioma victims to file a claim.

“It is a devastating, fast-moving disease. And when you add on delays through litigation, as this bill would do, it leaves those families hanging, as well as their loved one, who is dying. There is not a problem. We’re trying to create a problem that doesn’t exist,” State Senator Pat Pettey, a Democrat representing Kansas City, said.

Asbestos companies that have been accused of negligence for exposing mesothelioma victims to the carcinogenic material favor these laws such as the one passed in Kansas.

The goal is to cut down on the amount of compensation that can be awarded in a civil litigation by making sure that people on juries are aware of monies that they have received from asbestos bankruptcy trusts.

Mesothelioma victims can file claims with those companies that set up these trusts as part of bankruptcy filings, and generally receive payments from those companies by providing proof of both their illness and their exposure. In contrast, other companies, who have not set up trusts, have been sued to hold them responsible to victims.

If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, it is important that you keep track of changing laws and other news. To speak to a Patient Advocate at Mesothelioma.net who can advise you on developments that may relate to you, contact us today at 1-800-692-8608.

Written by Terri Oppenheimer

Terri Heimann Oppenheimer is the head writer of our Mesothelioma.net news blog. She graduated from the College of William and Mary with a degree in English. Terri believes that knowledge is power and she is committed to sharing news about the impact of mesothelioma, the latest research and medical breakthroughs, and victims’ stories.

Learn more about and contact Terri