2006 House Bill 5851

Require actual harm to file asbestos suit

Introduced in the House

March 9, 2006

Introduced by Rep. Edward Gaffney (R-1)

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.

Referred to the Committee on Tort Reform

May 23, 2006

Reported without amendment

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.

Nov. 30, 2006

Substitute offered

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 This version was subsequently superceded by another substitute with more changes.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

Substitute offered by Rep. Stephen Adamini (D-109)

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

Passed in the House 99 to 1 (details)

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

Dec. 6, 2006

Referred to the Committee on Judiciary