A Florida Court ruled Wednesday that The Florida Asbestos and Silica Compensation Act cannot be applied to asbestos-related cases that were brought before the court prior to 2005, when the act was put into effect. The act was put into place in an effort to “muddy the waters” for Florida citizens who wished to pursue litigation related to asbestos exposure, many of whom were suffering from asbestosis at the time they filed suit.
A Florida Fourth District Court judge ruled that the procedures for handling asbestos-related cases prior to the Asbestos and Silica Compensation Act were not thorough. Plaintiffs who brought a case before the court in years preceding the new procedures were not required to demonstrate proof of malignancy (cancer), but were only asked to provide “proof” that they were suffering from complications as a result of asbestos exposure. Since the act was passed, all plaintiffs must provide verification, specifically medical records notarized by a physician – in an effort to validate their claims for the court.
The court’s decision came after review of a 1988 case which stated that there is a specific dormant period between exposure and onset of asbestosis. The case also established the latency period between exposure and development of mesothelioma to be twenty to forty years, and, during this latent period, it is therefore impossible to demonstrate “proof of malignancy.” Further complicating the situation is the reality that many of those diagnosed with asbestosis will one day develop the asbestos-related cancer, mesothelioma.
The Florida Asbestos and Silica Compensation Act has created a grave disadvantage for many citizens due to the rigorous suit requirements. Upon exposure to asbestos, it can take up to forty years before an individual will demonstrate any biological effects related to pleural mesothelioma, the deadly cancer that affects the lining of the lungs. Upon receiving a diagnosis of mesothelioma, an individual will generally survive for an additional one to two years before the disease takes their life, leaving very little time to file suit and obtain any reparation for the victim and their surviving family. The Florida act only works to further complicate the process for individuals who are hoping to receive the damages that they and their family deserve.
The Mesothelioma and Asbestos Awareness Center urges the Florida Fourth District Court to carefully review this legislation in an effort to better serve the many individuals who may have been unknowingly exposed to asbestos and may one day lose their life to mesothelioma. These individuals will leave behind families who may be unable to cover medical costs, funeral expenses and even day-to-day expenses for those living without a primary provider.
The Mesothelioma and Asbestos Awareness Center has long been regarded as the web’s leading informational resource for information regarding mesothelioma and various mesothelioma treatment options.
For further information, please visit The Mesothelioma Asbestos Awareness Center.
