Indiana Asbestos Case: Good News for Mesothelioma Patients

The Indiana Supreme Court recently struck down a portion of the state’s Product Liability Act, giving mesothelioma patients more flexibility in filing asbestos-related legal claims against negligent manufacturers. It was a much-needed, long-awaited victory for those stricken by the incurable disease. The ruling, though, still must be finalized, awaiting the court’s decision on whether to rehear the case. The delay stems from a motion filed in March by the state and the defendant. If finalized, as anticipated, the ruling will put Indiana in step with other states that are more receptive to claims from mesothelioma patients. “All [the new provision] does is give them [patients] the right to actually present their cases to a jury, to actually come forward with their case, instead of being stopped at the courthouse doors,” Indianapolis attorney Kathy Farinas told Indystar.com. Her law firm represented the plaintiff. At issue: The constitutionality of the statute of repose within the Product Liability Act that created a 10-year cutoff date for allowing a plaintiff to sue a manufacturer. The 10-year countdown, according to the current statute, must begin at the time the product reaches the consumer. Unfortunately, for those with an asbestos-related disease, such as mesothelioma, the latency period between exposure and diagnosis is typically 20-50 years. Indiana Will Be More Receptive to Asbestos Cases Essentially, the statute of repose eliminated mo...
Source: Asbestos and Mesothelioma News - Category: Environmental Health Authors: Tags: Legislation, Laws & Litigation Source Type: news