A recent Ohio Supreme Court decision has made it much more difficult for people to receive compensation on asbestos and mesothelioma claims. They ruled that a 2004 law enforcing more stringent regulations regarding asbestos claims can now be applied retroactively to cases filed before the law went into effect in 2004.
As a result of this decision, a substantial percentage of the 40,000 pre-2004 Ohio asbestos claims may now be dismissed.
The law mandates that a plaintiff in an asbestos or mesothelioma claim must be treated by a medical expert. Previously, a medical expert could simply review the plaintiff’s medical records. The law also requires plaintiffs to provide medical evidence that their condition was a direct result of exposure to asbestos.
The purpose of this law was to lessen the massive amount of asbestos litigation inundating the Ohio court system. However, as a result of this law, many people suffering from asbestos-related diseases such as asbestosis, mesothelioma, and lung cancer may be unable to receive the compensation they deserve.
If you have an asbestos or mesothelioma claim in the Pennsylvania area, please contact the Law Offices of Peter G. Angelos, P.C. today to schedule a consultation.