By Missy Clyne Diaz  |  March 13, 2015

Category: Consumer News

Mesothelioma Asbestos LawsuitA bill being reintroduced in the Arizona Legislature is seeking to change the rules for plaintiffs filing asbestos lawsuits, including those alleging asbestos lung cancer.

The asbestos lawsuit measure has been endorsed by the U.S. Chamber of Commerce, but plaintiffs’ lawyers argue that the bill, which would require asbestos bankruptcy settlement trusts to disclose the names and exposure history of those who have filed a claim with the trust, is designed to delay asbestos lung cancer lawsuits, something that would adversely affect those suffering with asbestos.

Ohio, Oklahoma and Wisconsin have passed similar bills, and Texas and West Virginia are also considering similar asbestos mesothelioma legislation, U.S. Chamber Executive Vice President Harold Kim told the Phoenix Business Journal.

Kim said the bill seeks to bring transparency to asbestos litigation by requiring plaintiffs’ attorneys to disclose whether they also intend to seek damages from bankruptcy trusts set up by asbestos-related companies.

But a plaintiffs’ attorney told the Phoenix Business Journal that many of the trusts are broke or dormant and that the new law would allow for more delays for discovery in asbestos lung cancer lawsuits, negatively impacting asbestos plaintiffs.

On his website, Arizona Sen. Jeff Flake, who in February 2015 reintroduced the legislation in Congress called the Furthering Asbestos Claim Transparency (FACT) Act writes that the proposed legislation would ensure that asbestos bankruptcy settlement trusts are able to fully compensate future claimants by preventing fraud through increased transparency.

“These trusts were created to compensate injured victims, but the lack of transparency and oversight of these trusts has resulted in a system where claimants can file inconsistent claims among the numerous trusts or against trusts and solvent companies in the tort system,” the Arizona Republican wrote. “This lack of transparency threatens the ability of future claimants to receive full compensation for their injuries.”

According to Flake, 60 companies who have established asbestos trusts to pay claims — totaling some $37 billion — which were meant to compensate injured victims, “but the lack of transparency and oversight of these trusts have resulted in a system where claimants can file inconsistent asbestos lawsuits among the numerous trusts or against trusts and solvent companies in the tort system.”

Asbestos is a group of naturally occurring minerals that are threads of fiber that are resistant to heat, fire, and chemicals. Until the 1970s, asbestos was commonly used in commercial industries, such as strengthening cement and plastics, providing roofing insulation, fireproofing and soundproofing, as well as for the shipbuilding industry to insulate boilers, steam pipes, and hot water pipes.

Long-term asbestos exposure has been found to cause lung cancer, mesothelioma, and other health problems.

Asbestos exposure results in lung cancer when the cancer forms in the lung tissue, usually in the cells lining the air passages. For people who suffer asbestosis — a chronic, progressive deterioration of the lungs caused by large amounts or long-term asbestos exposure punctuated by lung inflammation that results in shortness of breath, coughing, and permanent lung damage — cigarette smoking aggravates the condition.

While there are treatments to help relieve asbestos symptoms and slow the disease’s progression, there is no way to reverse the effects of asbestos on the lungs.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos lung cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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