TCJL Established 1986

Mesothelioma Causation Standards (SB 1123/HB 1811)

Oppose SB 1123 by Duncan/HB 1811 by Eiland

  • SB 1123/HB 1811 exempts asbestos-related mesothelioma lawsuits from standards that require plaintiffs to introduce proof of the dose of the product they contend contributed to cause their disease.
  • Texas courts have established scientifically sound standards to determine causation of disease by exposure to substances and most recently applied those standards to mesothelioma cases in Borg-Warner Corp. v. Flores (2007).
  • The causation standard applied in the Borg-Warner decision has not barred anyone from the courthouse. As a general rule, plaintiffs in mesothelioma cases are regarded by claimants’ lawyers as having the most valuable personal injury claims across the country.
  • Without the legal standard applied in Borg-Warner, scores of defendants will be required to defend themselves against mesothelioma claims for which they may have no responsibility.

BACKGROUND/BILL ANALYSIS

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