Texas Asbestos Reform and Litigation

The Texas legislature recently passed asbestos and silica reform legislation, which was signed into law by Governor Rick Perry in May of 2005. The comprehensive bill (Senate Bill 15) is intended to significantly reduce the number of lawsuits brought by people who have been exposed to asbestos or silica but are not physically impaired with a related disease. SB 15 also aims to make the legal process more efficient for individuals that have been injured by exposure to asbestos or silica.

Under the previous system for handling asbestos claims in Texas, individuals who were exposed to asbestos or silica frequently filed lawsuits before there was any measurable physical impairment. Ostensibly, this was done to avoid having the statute of limitations expire on a future claim. SB 15 also provides evidence demonstrating that the profusion of new asbestos and silica claims is causing considerable impact on the Texas economy.

If you worked with or around asbestos and your breathing is impaired, you may have a case. It is important to hire a Texas asbestos lawyer to determine if you are eligible to file an asbestos-related lawsuit.

Changes to the Current Legal System

In order to decrease the number of silica and asbestos claims being filed in Texas, SB 15 implements three important changes that will affect future and pending litigation:

• It establishes medical standards to differentiate those individuals who are experiencing functional impairment from those who are not.
• It allows the dismissal of lawsuits filed by individuals with no functional impairment, while protecting the rights of those who have been injured by asbestos or silica.
• It extends the statute of limitations for those who have been exposed to asbestos or silica but have not developed physical impairment.

Furthermore, a section of the bill requires that pulmonary (lung) function be tested by a licensed doctor certified in a pertinent discipline. Cases involving mesothelioma or asbestos-related lung cancer must be handled by a physician board certified in pulmonary medicine, internal medicine, occupational medicine, oncology, or pathology. He or she must also state that the cancer was likely caused by exposure to asbestos. Another provision of SB 15 disallows more than one plaintiff per asbestos or silica injury trial.

Multidistrict Asbestos and Silica Litigation

Senate Bill 15 also affects multidistrict (MDL) litigation proceedings in Texas. One section establishes cutoff dates for previously filed and pending actions. MDL courts can also dismiss cases in which medical reports are not filed by specified deadlines. The MDL courts are expected to expedite all malignant lung cancer, mesothelioma, and acute silicosis cases transferred to them. Finally, the MDL judges have to present a report to the Texas state government in 2010 that details the effectiveness of the new legislation.

Impact on Texas Asbestos Litigation

There will be a significant impact on asbestos litigation in Texas due to the passage of SB 15. Group settlements will be largely eliminated, because all asbestos cases must be tried individually. Each claimant needs to have a medical diagnosis of functional impairment from a qualifying physician. As a result, Texas asbestos attorneys who rarely take lawsuits to trial will likely lose business to law firms with experience preparing and trying court cases. Also, most frivolous asbestos claims will be dismissed, reducing litigation costs for insurance companies and affected corporations. Some cases that would have been filed in Texas may be brought in nearby states like Louisiana.

Find a Lawyer Experienced with Changes in Texas Asbestos Litigation Laws

If your loved one has mesothelioma, asbestosis, lung cancer, or impaired pulmonary function due to asbestos exposure, contact a skilled Texas asbestos attorney today.