Texas Senate Passes Mesothelioma Bill
During the current Texas legislative session, the Texas Senate passed a bill that could become the most important piece of legislation to be passed during the entire session. The bill passed by the Senate and now awaiting a vote in the House enables individuals who have been exposed to asbestos to seek damages for their exposure and illnesses in an easier manner.
The bill, while very important, applies only to individuals who have been diagnosed with and are suffering from mesothelioma. This means that individuals who have merely been exposed to asbestos or who have developed a disease related to the fiber other than mesothelioma will have to go by the old standards. In general, the bill lowers the standard of proof that is required to show that asbestos exposure is the main cause of the individual’s mesothelioma.
The National Cancer Institute defines mesothelioma as a rare form of cancer that is indicated by malignant, cancerous cells that are found in the mesothelium. The mesothelium is a protective membrane that covers the majority of the body’s internal organs. The cancer itself is most frequently seen in individuals who have held jobs where they have inhaled the individual asbestos fibers.
Asbestos can be found in a variety of industrial products like cement, brake linings, roof shingles, flooring products, textiles, and insulation. There are roughly 2,000 new cases of mesothelioma diagnosed in the United States each year.
In the past, proving an asbestos case has been very difficult due to the burden of proof required. The problem with the burden of proof has traditionally been the proof between exposure to asbestos and the subsequence cancer. This has been nearly impossible in many instances.
The Texas Senate has made it easier for those who have been exposed to asbestos to claim damages. The one major caveat in the bill is that the defendant is allowed to produce technical evidence regarding the level of asbestos exposure.
Contact a Mesothelioma Attorney
If you have been exposed to asbestos and diagnosed with mesothelioma, contact a mesothelioma lawyer from Williams Kherkher at 1-800-781-3955.