A Texas federal judge is on the cusp of dismissing more than 1,000 silica and asbestos lung cancer cases because the plaintiffs failed to provide the court with medical reports by the set Sept. 1 deadline.

However, the attorney’s representing these asbestos lung cancer lawsuitsclaim that the deadline itself is unconstitutional and opposes the judge’s pending ruling.

In 2005, a series of Texas legislature tort reforms required asbestos lung cancer plaintiffs claiming they were harmed or developed lung cancer after asbestos exposure to submit medical reports stating malignant asbestos-related cancer diagnoses. Additionally, these medical reports needed to include a plaintiff’s physical examination, and a detailed report of occupational, exposure, medical, and smoking history.

Prior to these reform laws, all pending asbestos lung cancer lawsuits that did not explicitly allege harm from malignant asbestos condition were moved to an inactive docket. These pending asbestos lung cancer lawsuits would then sit in this inactive docket until the plaintiffs or plaintiffs’ counsel provided the necessary medical reports, and since the new law did not include a compliance deadline, the majority of these cases remained inactive for years.

However, because of the 2013 House Bill 1325, the thousands of plaintiffs with asbestos lung cancer lawsuits in this inactive docket were suddenly expected to provide expert medical reports before Sept. 1 of this year.

In light of  the 5,000 pending silica and asbestos lung cancer lawsuits that have not submitted the required medical reports, Judge Joseph Halback Jr. has stated his intention to dismiss all these cases on Oct. 20.

The plaintiffs of the thousands of silica and asbestos lung cancer lawsuits have submitted an appeal to the Texas Supreme Court to render these reform laws unconstitutional.

The Silica and Asbestos Lung Cancer Lawsuits are In re: Silica Products Liability Litigation, Case No. 14-0757,  in the Texas Supreme Court.

Asbestos Lung Cancer

Unlike other forms of cancer, asbestos lung cancer is exclusively caused and develops from long term exposure to asbestos fibers and materials. When a worker inhales asbestos fibers, this deadly, carcinogenic material becomes trapped in the lung’s lining and further develops and spreads from the lining. According to the asbestos lung cancer website supported by the Mesothelioma Center, 4,800 cases of asbestos lung cancer are diagnosed every year.

Occupational Exposure to Asbestos

Certain trade professions have a higher chance of unknown asbestos exposure and therefore are at a higher risk of developing asbestos lung cancer. Occupations with a high risk of asbestos exposure include:

• Auto mechanics
• Shipyards workers
• Paper mill workers
• Construction workers
• Textile workers
• Insulation installers
• Sheet metal workers
• Roofers
• Toll collectors
• Tilers
• Linotype technicians
• Plumbers

Not only are these individuals at high risk of asbestos exposure in small, enclosed spaces  with little to no protective gear, but they also may unknowingly expose their family to asbestos fiber and they may develop asbestos lung cancer through this secondary exposure.

Many employees and families of employees have filed asbestos lung cancer lawsuits or joined asbestos lung cancer class action lawsuits against companies that allegedly knowingly exposed their workers to asbestos fibers and materials without prior warning.