Beasley, Allen, Crow, Methvin, Portis & Miles, P.C.

People suffering as a result of asbestos exposure, including mesothelioma victims and their loved ones, have asked the Indiana legislature to consider making an exception to state law that would allow victims to file cases against companies they feel are responsible for their illnesses.

The Evansville Courier & Press reported last week about a group of advocates who addressed a panel of state lawmakers to make their case. At issue is the amount of time between asbestos exposure and the development of asbestos diseases, like asbestosis, lung cancer or mesothelioma.

Indiana law says someone exposed to hazardous materials – like asbestos – has up to 10 years to file a lawsuit for damages resulting from that exposure. However, research supported by the National Cancer Institute indicates that asbestos diseases, such as mesothelioma, may take anywhere from 10 years to 50 years to develop from the time of exposure. This leaves Indiana residents out in the cold in the search for justice and compensation for their injuries.

Advocates are asking the Indiana State Legislature to make an exception for latent diseases, like mesothelioma and other asbestos-related diseases. According to the Courier & Press, the General Assembly approved such an exception in 1989, but a 2003 state Supreme Court ruling changed the meaning of that law, and stripped it of any usefulness in asbestos exposure cases.

The news story says the call for a new law to reinstate this right to sue is supported by State Senator John Waterman (R-Shelburn), who told the paper that he worked for a company in the 1960s removing old boilers from homes and buildings, and he saw first-hand the clouds of asbestos dust released during the job. He has seen former coworkers die from asbestos disease since, he said.

The Chicago Tribune reported that nobody testified against the proposal that would help asbestos victims, but noted it was debated in the last legislative session with no resulting change in law.

The next regular session of the Indiana State Legislature begins in January, at which time this issue is certain to be revisited.

This entry was posted on Friday, October 9th, 2009 at 2:27 pm and is filed under News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.