Questions why this legislation is necessary, will only add to pain of families and victims
COLUMBUS - Assistant Minority of the Ohio House of Representatives Matthew A. Szollosi (D. Toledo) released the following statement after the passage of House Bill 380 this afternoon.
"Today, I ask what are we doing? Asbestosis and Mesothelioma cases have already been reduced in the State of Ohio by close to 90 percent since 2004. These victims and their families are enduring unspeakable pain and suffering - why are we adding to their almost insurmountable challenges with this bill? What is the pressing public policy argument that requires this first in the country approach? What did the factory workers, construction workers and auto mechanics do to deserve to have their rights compromised like this?"
"I've seen firsthand how debilitating and painful these terminal occupational diseases can be. I've seen and heard about the impact not just on the injured worker, but particularly on their loved ones. Most Mesothelioma victims die within 12 months of diagnosis - it's a sad situation when you hear accounts setting forth that 12 months is too long," said Rep. Szollosi. "Despite arguments that this bill is about "transparency," it tilts the scale almost completely to the side of corporations and insurers by giving defense counsel egregious advantages in the few cases that remain in the State of Ohio after passage of HB 292 in 2004."
House Bill 380 establishes that the trial court shall stay the case if a defendant files a motion stating that the defendant "in good faith" believes that the claimant may make an asbestos bankruptcy trust claim. Under HB 380 defense counsel will have the ability to file an unlimited number of these motions at any time in the litigation, which will postpone the trial date in these cases indefinitely. "Given the 12 month window of life these victims have, most will never live to see their day in court as defendants simply run out the clock on them," said Szollosi.
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