The Texas Senate recently passed a bill that would make it easier for those diagnosed with mesothelioma to recover personal injury damages as a result of being exposed to asbestos.
mesothelioma, a rare form of cancer typically developing in the lining of the lungs, is almost strictly attributable to asbestos exposure. In the majority of cases, exposure occurs through inhaling airborne asbestos fibers after asbestos-containing materials have been disturbed.
The bill was formulated to withhold a more reasonable standard for mesothelioma patients who wish to make a claim in the state of Texas. According to Senator Robert Duncan, Texas once had the most lenient standard of proof in the nation. However, a Texas Supreme Court ruling from 2007 has made filing a claim difficult for both asbestosis and mesothelioma patients.
The 2007 case involved a patient with asbestosis, another form of cancer caused by asbestos. The court ruling stated that to prove causation in an asbestosis case, plaintiffs must be able to show how much asbestos exposure they experienced.
Since that decision, the same standard has unfortunately been held for plaintiffs filing claims with mesothelioma cancer, which can have a latency period ranging from 20 to 50 years. Because of the severe latency period, finding qualitative proof of how much exposure occurred can be very challenging.
Duncan’s bill, SB 1123, would instill a lower standard of proof and only require mesothelioma patients to show that asbestos exposure was frequent, regular and proximal. However, the bill would not lower the standard for asbestosis patients, which typically experience longer and increased periods of exposure.
Duncan currently believes mesothelioma patients face too many hassles and delays while dealing with mesothelioma symptoms and trying to meet a high standard of proof. After passing 20-11 on a preliminary vote, the bill only has a few more steps before becoming official law.
If the legislation passes, Texas will fall under the same standard of causation used by most other states. Duncan said, “We’re not going to go back to the most liberal standard in the country for mesothelioma. We’re going to adopt the most widely accepted standard in the country.”
Additional information about mesothelioma and asbestos may be found through the mesothelioma Cancer Center.