News Coverage
Senator's bill would limit asbestos lawsuits
Only people who have serious illnesses caused asbestos or silica fibers would be allowed to sue
Published March 10, 2005
People who aren't sick are taking money from real asbestos and silica victims, clogging the Texas legal system with frivolous lawsuits and driving companies to bankruptcy, Sen. Kyle Janek, R-Houston, said Wednesday.
"We want to make sure that the people who have been hurt, as defined by objective medical criteria, will have their day in court," he said.
A bill Janek filed Wednesday aims to curb what he called an asbestos litigation crisis in Texas. Both Republican Lt. Gov. David Dewhurst and Gov. Rick Perry have called on legislators to take action this session to stem the flow of asbestos cases.
Opponents say the bill limits the ability of asbestos victims to hold companies accountable.
Under the bill, only people who have serious illnesses caused by inhaling asbestos or silica fibers would be allowed to sue companies that made products containing those materials. The bill also expands time limitations on the filing of such lawsuits so that people who have been exposed to asbestos or silica fibers but aren't yet ill can sue if they do get sick.
A January study by the Washington-based Environmental Working Group estimates that nearly 1,000 Texans a year will die from asbestos-related diseases between 2015 and 2020. Texas ranks fifth in the nation in asbestos-related deaths.
As of December 2000, more than 600,000 asbestos-related lawsuits had been filed in the United States, according to a RAND Institute study. Those lawsuits have cost about $54 billion. Nearly 70 companies have gone bankrupt from asbestos lawsuits, according to the Institute.
Texas has taken the brunt of those lawsuits, according to the Texas Civil Justice League, which works to reduce large monetary awards from lawsuits and supports Janek's proposal.
"Frivolous lawsuits are wreaking havoc on our system and our economy and the quality of life here in Texas," Dewhurst said.
A similar bill Janek authored during the 2003 legislative session failed in the Senate.
Alex Winslow, executive director of Texas Watch, a consumer advocate group, said the new bill fails to ensure that asbestos victims will receive compensation. "We think it is so important for these individuals, who have been harmed by asbestos, that the companies that put them at risk should have money set aside to pay those claims," he said.