Created on Tuesday, 04 December 2012 Written by JULIE CARR SMYTH,AP Statehouse Correspondent
COLUMBUS, Ohio (AP) — An Ohio Senate committee planned a vote Tuesday on a bill to curb lawsuits over on-the-job asbestos exposure in a state with one of the largest backlogs of such cases in the nation.
The bill would require workers to divulge all asbestos claims filed by them or on their behalf or face perjury charges. Proponents say it would prevent double-dipping by victims, who have two separate avenues for pursuing damage: trusts set up by sometimes bankrupted companies to compensate victims and lawsuits against active businesses.
The measure, which cleared the House in January, preserves victims' rights to sue when harmed by the powdery white carcinogen and doesn't cap the damage awards they can receive. The committee's approval would send the measure to the Senate floor as soon as Wednesday.
Asbestos claims are accelerating nationwide and more than 8,500 U.S. companies in sectors representing 85 percent of the U.S. economy are defending asbestos-related claims, according to legislative analysts. The U.S. Supreme Court has labeled it a crisis.
"The problem with the two tracks is that there is a lack of full transparency between them," says a fact sheet by proponents led by the business-backed Ohio Alliance for Civil Justice. "In a lawsuit, claimants may tell the court about claims already made on trusts. However, they are not obligated to tell the court if they plan future claims to trusts. As a result, the system is rampant with inconsistent claims, fraud and 'double-dipping' from the trust accounts, and from lawsuit awards."
Cuyahoga County, home to Cleveland had more than 5,700 pending cases on its special asbestos docket at the end of September, according to information from the Ohio Supreme Court. That places it among America's busiest asbestos dockets. Cases are also pending in more than 70 of Ohio's 88 counties.
A coalition representing asbestos cancer victims says the bill impedes legitimate claims to protect corporations. They point out that Ohio has the eighth highest rate of death from the asbestos-related disease mesothelioma in the country — at least 1,356 people since 1999, and potentially many times that number of actual victims.
"This bill is designed to give a handout to the asbestos industry while robbing dying cancer victims of their constitutional rights," said Anthony Gallucci, president of the Asbestos Victims Coalition. "The asbestos industry should be held accountable for the thousands of deaths and injuries."
Bob Groff, of Avon, and his granddaughter Sarah Groff Edelman both were diagnosed with mesothelioma after years of performing brake work in Groff's garage. Groff said his granddaughter, diagnosed at 21, survived through numerous painful surgeries.
"We need Gov. (John) Kasich and Ohio's senators to stand up to the corporations that have killed thousands of our neighbors and brought pain and misery to their families," Groff said in a coalition statement. "Too many Ohio workers have died. Our elected officials should not limit justice."
The bill stems from model legislation developed by the conservative American Legislative Exchange Council, which has drawn attention for the entree it's recently gained at statehouses through efforts including opulent, corporate-backed conferences not always subject to normal disclosure rules.
Opponents of the asbestos disclosure bill say passage would make Ohio the first state the country to impose such claims restrictions, a move that could be repeated elsewhere. Similar legislation has been introduced in Oklahoma, Louisiana, Texas and West Virginia and in the U.S. House and Senate.
Copyright 2012 The Associated Press.