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Mesothelioma Lawsuits Affected by Ohio Court Ruling

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Written by Administrator

Monday, November 2008

The Ohio Supreme Court recently ruled that a 2004 law, which enforces stricter rules on persons suing for asbestos-related injuries, can now be applicable to suits pending before the 2004 law was passed. The 5-2 vote could lead to the dismissal of many of the 40,000 cases filed in Ohio before the law was put into place.

The state Supreme Court claims the 2004 law is in accordance with Ohio's state constitution because the changes were considered "remedial and procedural," thus not in violation of the Ohio Constitution, which bans retroactive laws that change the nature or substance of legislation.

The 2004 legislation mandates that a medical expert must treat the plaintiff, not just review the claimant's files. Additionally, plaintiffs must present medical evidence that exposure to asbestos, which is known to cause terminal diseases such as mesothelioma and asbestosis, caused their disease or medical impairment.�

The ruling could have implications in states such as Georgia, Kansas, Florida, and others that have tried to enact laws that effectively diminish the amount of asbestos-related litigation. The Georgia Supreme Court ruled out the retroactivity of the state's asbestos litigation law, which prompted state lawmakers to pass another piece of legislation that has yet to be challenged in court. In Florida, a similar law has been challenged in the courts and a ruling is slated for next year. Another similar law in Kansas has not been challenged in the courts.

Many asbestos-related lawsuits are brought on behalf of those suffering with pleural mesothelioma, the most common form of the rare cancer. These persons are seeking compensation (and mesothelioma surgery is costly) to help pay for their medical bills from mesothelioma treatments and the costs incurred from being diagnosed with the terminal disease. Mesothelioma settlements can range but some cases reach the millions.

Mesothelioma lawyers and human rights activists claim the Ohio Supreme Court ruling clearly favors big business and asbestos corporations over injured Ohio citizens who are undoubtedly suffering from asbestos-induced medical conditions.

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Website on Mesothelioma Cancer Awareness
written by Tahir Jamil, May 11, 2009

Purpose of this website is to create awareness about Mesothelioma cancer. Detailed information of mesothelioma cancer is provided on this website.
Link to the website is provided here. http://mesothelioma-treatments.co.cc

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