HB 1850 -- Asbestos and Silica Claims Priorities Act

Sponsor:  Pratt

This bill establishes the Asbestos and Silica Claims Priorities
Act.  In its main provisions, the bill:

(1)  Defines "claimant," "asbestos claim," "asbestosis," "silica
claim," "silicosis," and "qualified physician";

(2)  Requires the exposure of asbestos or silica to be a
substantial factor to the physical impairment of the exposed
person;

(3)  Disallows asbestos- or silica-related claims brought on
behalf of a class or group except in claims relating to the
exposed person and members of his or her household;

(4)  Requires a tort action alleging an asbestos claim based upon
the nonmalignant condition of an exposed person to show that the
exposed person has a physical impairment where exposure to the
defendant's asbestos is a substantial factor to the physical
impairment;

(5)  Requires a detailed narrative medical report and diagnosis
by a qualified physician to be included on behalf of a
plaintiff's asbestos- or silica-related claim;

(6)  Specifies that no prima facie showing is required for any
asbestos claim related to alleged mesothelioma;

(7)  Specifies that any evidence relating to the prima facie
showing of physical impairment related to the defendant's
asbestos or silica exposure will not be conclusive as to the
liability of the defendant;

(8)  Requires evidence relating to physical impairment to comply
with technical recommendations for examinations, testing
procedures, quality assurance, quality control, and equipment
incorporated in the American Medical Association's Guides to the
Evaluation of Permanent Impairment;

(9)  Requires evidence verifying that the diagnosing, qualified
physician has taken a detailed medical and smoking history from
the exposed person, including a thorough review of the exposed
person's past and present medical problems and the most probable
cause;

(10)  Requires specific medical testing procedures for a showing
of physical impairment; and

(11)  Specifies that an asbestos- or silica-related claim arising
out of a nonmalignant condition is a distinct cause of action
from a claim for an asbestos- or silica-related cancer.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm