to prove, for any purpose, a quantitative dose, approximate quantitative dose or estimated quantitative dose of asbestos fibers to which the exposed person was exposed
February, 26, 2009, Austin, Texas (Vocus) February 27, 2009
The law firm of Hissey Kientz, LLP wishes to announce its support for a new bill that would make it easier for sufferers of malignant mesothelioma to prove that their injuries were caused by exposure to asbestos. The bill (Senate Bill No. 1123 and House Bill 1811) was filed jointly this week by congressmen from the Texas State Senate and House of Representatives.
“This is an important bill that would ensure that the legal rights of individuals in Texas who have developed mesothelioma after being exposed to asbestos are protected,” said attorney Robert Kientz of Hissey Kientz, LLP.
Mesothelioma is a deadly form of cancer caused by exposure to asbestos that can attack the lining of the heart, chest or abdomen. Thousands of individuals in the United States are diagnosed with mesothelioma every year as a result of asbestos exposure that occurred in the workplace or from products containing asbestos.
Under current standards of causation enacted by the Texas State Supreme Court (Georgia-Pacific Corporation v. Fred and Betty Stephens), plaintiffs who bring mesothelioma claims must meet the same strict legal requirements that were established for cases involving asbestosis. If enacted by the Texas Senate and House of Representatives, the new bill would provide for a lower causation standard for mesothelioma lawsuits, making it easier for the victims of asbestos exposure to prove their case in court and recover fair compensation for their injuries.
“In an asbestosis case, the individual’s likelihood of developing the disease increases the more they were exposed to asbestos. But with mesothelioma, any level of exposure—no matter how small—is sufficient to cause the disease to develop,” said Kientz. “By forcing defendants in mesothelioma cases to meet the standard of causation for asbestosis, the Texas Supreme Court has set a benchmark for justice that is almost impossible these victims to meet.”
The new bill would remove the requirement for mesothelioma claimants “to prove, for any purpose, a quantitative dose, approximate quantitative dose or estimated quantitative dose of asbestos fibers to which the exposed person was exposed” in order to meet the standard of causation. Additionally, the law would protect defendants who were not involved in the manufacturing or sale of asbestos but who may, under current law, be unfairly held responsible for injuries caused by asbestos products.
“By enacting this bill, the Texas legislature will help to bring the state’s laws relating to asbestos in accord with mainstream legal standards for mesothelioma cases and restore the intended function of these laws: to protect the legal rights of individuals who have suffered at the hands of the asbestos industry,” said Kientz.
About Hissey Kientz, LLP
Hissey Kientz, LLP is currently accepting cases involving individuals who may have contracted mesothelioma, asbestosis or lung cancer as a result of asbestos exposure, as well as those injured by the Ortho Evra patch, digoxin toxicity from Digitek, PPH caused by Fen-Phen, the Composix Kugel mesh hernia patch, renal failure caused by Trasylol, the Duragesic patch (fentanyl), gadolinium MRI contrast dyes or other defective drugs and devices. To learn more about the firm and other drug cases, visit Hissey Kientz, LLP (http://www.hkllp.com) or call toll-free at (866) 275-4454.