Oct 20, 2008 - Ohio Law Makes Old Asbestos-Related Deaths Difficult to Prosecute
Asbestos fibers, which cannot be seen, tasted or smelled, can remain in the lungs for long periods
before causing mesothelioma, a deadly cancer. Asbestos is a durable fireproof substance used in many heavy industries such as construction, shipbuilding and auto manufacturing.
In 2004, the Ohio Supreme Court passed a law making it more difficult to
seek damages for asbestos-related illnesses that were already in the works
before the ruling. Now, after a 6-1 Court ruling, many of these cases are
likely to be dismissed. The Ohio Court's Justice Robert Cupp said changes in
the Ohio law were remedial and procedural and therefore put holds on the
claims of thousands of Ohioan who were not yet showing symptoms of asbestos
related cancers. Cupp also said asbestos lawsuits appeared in such volume
after workers at potentially hazardous worksites around the country were
offered "mass screenings" in search of potential health problems not yet
detected.