Mesothelioma patients receive assistance from Texas Senate

The Texas Senate recently passed a bill that would make it easier for people diagnosed with mesothelioma to recover damages for injuries as a result of exposure to asbestos.

Mesothelioma, a rare form of cancer typically developing in the lining of the lungs, is almost entirely due to exposure to asbestos. In most cases, exposure is via inhalation of asbestos fibers into the air after asbestos-containing materials have been disrupted.

The bill has been formulated to retain a reasonable standard for mesothelioma patients who wish to apply in the State of Texas. According to Senator Robert Duncan, Texas, once had the most lenient of the proof of the nation. However, a Supreme Court of Texas from 2007 has filed an application difficult for both patients with asbestosis and mesothelioma.

The case involved 2007 patients with asbestosis, a form of cancer caused by asbestos. The court ruling said that to prove causation in a case of asbestosis, applicants must be able to demonstrate that exposure to asbestos they lived.

Since that decision, the same standard, unfortunately, has been organized for applicants filing mesothelioma cancer, which may have a latency period of 20 to 50 years. Because of the seriousness of the latency period, qualitative research on how the show, an exhibition took place can be very difficult.

Duncan bill, SB 1123, would be to inculcate a lower standard of proof and patients need only a mesothelioma to show that exposure to asbestos has been frequent, regular and proximal. However, the bill would not reduce the level of asbestosis patients who generally experience longer and increasing exposure periods.

Duncan believes mesothelioma patients currently facing too many hassles and delays in treating the symptoms of mesothelioma and to try to meet a high standard of proof. After spending 20-11 on a preliminary vote, the bill has only a few steps before becoming law officer.

If the law passes, Texas, under the same standard of causation used by most other states. Duncan said, "We are not going back to the norm that is more liberal in the country for mesothelioma. We will adopt the standard as widely accepted in the country."(source)