About 2 weeks ago we posted about the Ohio Supreme Court decision that a 2004 law that imposed stricter rules on asbestos-related lawsuits could be imposed retroactively on cases already filed. Today we see some of the results of that decision.
The law requires that plaintiffs provide testimony from medical experts at trial who personally treated the claimant. In addition, the law only allows cases to proceed if there is specific medical evidence that asbestos exposure has caused mesothelioma or another serious health problem.
Thousands of asbestos lawsuits were filed before the law was passed on September 2, 2004. Since the supreme court decision, over 30,000 of these lawsuits have been dismissed by the county courts. The dismissed lawsuits involve cases where the plaintiffs had not been diagnosed with an asbestos-related injury such as mesothelioma or asbestosis.
Mesothelioma is a form of cancer that is caused by asbestos exposure either directly, usually from work exposure, or indirectly when a worker carries the asbestos home at the end of the day. Cancer cells develop in the mesothelium which is a protective lining around most of the body’s internal organs. The most common area for this to occur is the lining around the lungs. Unfortunately, usually by the time it is discovered the patient’s cancer has developed too much and, for most people, a cure isn’t possible.
It should be noted that these lawsuits dismissed under the supreme court ruling can be refiled if the plaintiffs have symptoms of an asbestos-related disease that can be established under the 2004 law.
