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2006 House Bill 5851: Require actual harm to file asbestos suit
Introduced by Rep. Edward Gaffney (R) on March 9, 2006
To establish detailed rules and regulations for asbestos and silicosis lawsuits that would require plaintiffs to demonstrate that they were actually injured by exposure these substances. The bill establishes detailed regulations and standards for physicians involved in such suits, expert witnesses, compensation levels, health impairment definitions, diagnoses, liability limitations, etc. The bill would prohibit punitive damages in such suits.   Official Text and Analysis.
Referred to the House Tort Reform Committee on March 9, 2006
Reported in the House on May 23, 2006
With the recommendation that the substitute (H-1) be adopted and that the bill then pass. This version raise the original bill's cap on non-economic damages of $250,000 ($500,000 for cases involving mesothelioma) to $280,000, or $500,000 when if the injury caused death of loss of a vital bodily function. It also does not include the original version's cap on attorney fees.
Substitute offered in the House on November 30, 2006
To replace the previous version of the bill with one that revises various details, but does not change its substance. This version was subsequently superceded by another substitute with more changes.
The substitute failed by voice vote in the House on November 30, 2006
Substitute offered by Rep. Stephen Adamini (D) on November 30, 2006
To replace the previous version of the bill with one that would establish more in more detail the procedural requirements and evidentiary tests required by plaintiffs in asbestos and silicosis exposure lawsuits. The substitute does not restrict attorney fees.
The substitute passed by voice vote in the House on November 30, 2006
To establish detailed rules and regulations for asbestos and silicosis lawsuits that would require plaintiffs to demonstrate that they were actually injured by exposure these substances. The bill establishes detailed regulations and standards for physicians involved in such suits, expert witnesses, compensation levels, caps on legal contingency fees, health impairment definitions, diagnoses, etc.
Received in the Senate on December 6, 2006
Referred to the Senate Judiciary Committee on December 6, 2006

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