Despite pushback from firefighters, veterans, and attorneys’ groups, legislators in the state of Ohio have passed a bill that will make it much harder for people diagnosed with mesothelioma and other asbestos-related diseases to win lawsuits against the companies that exposed them to asbestos-containing products.
Ohio Law Raises the Bar for Evidence in Mesothelioma Lawsuits
The legislation that passed yesterday echoes a bill passed by the Ohio Senate last year, requiring mesothelioma victims to specify early in the legal process exactly what products and exposure sites they will name in their claim, as well as what witnesses will testify on their behalf. The bill was passed over the objection of victims’ advocates, who point to the significant amount of time that passes between a victim’s asbestos exposure and their diagnosis.
In response to the mesothelioma victims’ objections, those lobbying for passage of the bill said that the law would protect innocent businesses swept up in lawsuits that name all possible defendants. Though the Veterans of Foreign Wars initially objected to the law, the Ohio House of Representatives added amendments that satisfied the group’s concerns; those amendments give judges more discretion to allow cases to proceed and relax the specificity required. The amended bill will now return to the state senate.
Specifics of Ohio’s Law Decried by Mesothelioma Advocates
If the state senate approves the changes submitted by legislators in the house, mesothelioma victims will be required to give specifics about worksites, dates of exposure, asbestos-containing products, and witnesses within sixty days of filing a claim. Failure to do so can justify a motion to dismiss their claim.
Mesothelioma advocates say that the new law will make filing asbestos lawsuits in the state extremely challenging, and may stop victims from being able to move forward. They say that most asbestos victims are working to establish a treatment plan and that taking away the time that previously was available for a thorough discovery process will particularly impact surviving family members of deceased veterans and firefighters, for whom the process is far more complex than for those who have worked in the same asbestos-containing environment or with the same asbestos-containing products for years.
If you or someone you love has been diagnosed with malignant mesothelioma and need guidance on your rights, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
