An unending flood of asbestos cases brought by individuals who are not sick has become a crisis in Ohio. Over 23 companies with more than 80 facilities in our state that have provided jobs for thousands of Ohioans have filed for Chapter 11 bankruptcy protection in large part due to asbestos liability. More than 60,000 jobs have already been lost and estimates project the eventual asbestos liability-related job loss could reach as high as 423,000.

Personal injury lawyers have benefited greatly by bringing asbestos claims in Ohio courts on behalf of people who are not sick. In Cuyahoga County alone, the number of pending asbestos claims has risen from 4,000 to more than 41,000 in the past four years. Today, nearly 89 percent of all asbestos claims come from people who do not have cancer, and between 66 and 90 percent of these non-cancer claimants are not sick.

HB 292 – The Asbestos Victims Fairness Act.
Asbestos lawsuit reform will bring much-needed relief to the asbestos litigation crisis gripping our state. The bill establishes objective medical standards to distinguish those who are sick with asbestos-related diseases from those who are not. To ensure that those who are truly impaired have timely access to the courts, only claimants who meet the medical standards would be allowed to bring their claims. Further, the bill preserves the right of individuals who are not sick, but have been exposed to asbestos, to bring a claim in the future if their health becomes impaired. HB 292 was passed by the 125th General Assembly in May 2004 and signed by Governor Taft on June 2, 2004. This law will take effect on Sept. 2, 2004.

HB 292 is a fair and reasonable public policy response to the asbestos litigation crisis. Once enacted:

HB 292 WILL expedite the resolution of claims brought by those who are truly sick.
HB 292 WILL protect the rights of those who have been exposed to asbestos but aren’t sick.
HB 292 WILL ensure that resources will be available not only for those who are currently suffering from asbestos-related illnesses, but also for those who may become sick in the future.
HB 292 WILL unclog Ohio courts so they can better respond to the needs of the people of Ohio.

Many misleading statements have been made about what HB 292 will and won’t do. It is critically important for all Ohioans to understand that:

HB 292 does not prevent claimants who are sick because of exposure to asbestos from bringing an action in Ohio courts.
HB 292 does not prevent unimpaired claimants from bringing a court action in the future when they are able to show impairment by meeting clear and reasonable medical criteria.
HB 292 does not interfere with the ability of Ohioans who satisfy the criteria for compensable claims to proceed with their claims against a bankruptcy trust.

125th General Assembly (2003-04)

HB 292 - The Asbestos Victims Fairness Act (Oelslager, R-Canton)

Bill Text LSC Bill Anaylsis Bill Summary

Enactment Process

EFFECTIVE DATE - September 2, 2004 SIGNED BY GOV. BOB TAFT - June 3, 2004 (effective in 90 days after signature) HOUSE CONCURRENCE VOTE May 29, 2004 - House concurred in Senate amendments 59-32 SENATE FLOOR VOTE May 1, 2004 - Bill passed Senate 22 -11 SENATE TESTIMONY March 31, 2004 - Proponent Testimony Richard D. Schuster - Vorys, Sater, Seymour & Pease March 24, 2004 - Robert Bunda, Attorney - representing Owens-Illinois (O-I), Inc. and the Ohio Alliance for Civil Justice March 10, 2004 - Rep. Scott Oelslager (R-Canton) HOUSE FLOOR VOTE December 10, 2003 - Bill passed House 61-36 HOUSE OF REPRESENTATIVES TESTIMONY December 3, 2003 Herbert Brown - former Ohio Supreme Court Justice November 19, 2003 Rick Schuster - Vorys, Sater, Seymour & Pease Dr. James N. Allen - The Ohio State University November 12, 2003 C. David Paragas - Benesch, Friedlander, Coplan & Arnoff Leo Spellacy - Cuyahoga County Common Pleas Judge October 15, 2003 Linda Woggon - Ohio Chamber of Commerce Laura Kingsley Hong - Squire, Sanders & Dempsey Bob Mason - Crown, Cork & Seal October 7, 2003 - Bill referred to House Civil & Commercial Law Committee October 2, 2003 - Bill introduced