Ohio ruling makes asbestos lawsuits tougher

Columbus, Ohio —- The Ohio Supreme Court has ruled that a 2004 law imposing stricter rules on those suing for asbestos-related injuries can be applied to cases pending before the law was passed, a move that could frustrate thousands of people seeking claims.

The 6-1 decision Wednesday has potential ramifications in Florida, Georgia, Kansas and other states that have sought to use such laws to reduce litigation related to asbestos.

The 2004 law requires that a medical expert personally treat the claimant rather than just review his files and that plaintiffs must offer specific medical evidence that asbestos exposure caused disease or medical impairment. Enacted on Sept. 2, 2004, it made the requirements retroactive to lawsuits filed before that date.

The Ohio Supreme Court said the law was valid because the changes were only “remedial and procedural.” The Ohio Constitution bars retroactive laws that change the nature or substance of a law.

Asbestos was commonly used until the mid-1970s in insulation and fireproofing material. The U.S. Department of Health and Human Services says its fibers can remain in lung tissue for long periods and significant exposure to the material increases the risk of lung cancer, mesothelioma and other ailments. The diseases often take decades to develop.

The latest ruling concerned Linda Ackison, who filed a wrongful- death lawsuit in May 2004 —- months before the evidentiary requirements were enacted —- against her late husband’s former employer, Dayton Malleable, and other defendants. The suit alleged that long-term exposure to asbestos in the workplace contributed to the illness and death of her husband, Danny.

Attorneys for Linda Ackison sued, arguing the heightened requirements made substantive changes to the state’s law and that the less stringent legal standards in effect when she sued should have been applied.

Richard Schuster, an attorney for several Fortune 500 companies and other businesses sued by Ackison, called the high court’s ruling significant, both to the companies and to Ohio’s ailing economy.

After the Georgia Supreme Court struck down the retroactivity of Georgia’s asbestos litigation law, state lawmakers passed another law that has not been challenged in court, Schuster said.

A challenge to a similar law in Florida is before the courts and a decision is expected next year. A Kansas law has not been legally challenged.