Texas Mesothelioma Blog

IARC, the International Agency for Research on Cancer, confirms that all commercially available asbestos fibers cause mesothelioma.

On April 20th, the Texas Senate passed an important bill affecting the standard of causation in mesothelioma cases. The legislation, Senate Bill 1123, would require mesothelioma victims to prove "that a defendant's product or conduct was a substantial factor in causing [his] injury." To prove "substantial factor," mesothelioma victims must present evidence of:

(1) the frequency of the exposure;

(2) the regularity of the exposure; and

(3) the proximity of the [mesothelioma victim] to the source of the asbestos fibers.

SB 1123 passed the the Senate by a vote of 19 for, 11 against. A companion bill, House Bill 1181, is currently pending in the Texas House of Representatives. This important legislation faces more hurdles before becoming law.

Heard Robins partner Ian Cloud spoke on the future of asbestos litigation at Harvard Medical School. Mr. Cloud taught at Harvard's course, "Current Concepts in Asbestos Related Pulmonary Disease," at the invitation of the course directors, Harvard Medical School's Dr. Eugene J. Mark, Dr. Richard L. Kradin, and Dr. David C. Christiani. The course directors invited Ian Cloud, as a member of a select group of distinguished attorneys, judges, and scientists from across the nation, to participate in the course as Visiting Faculty and contribute his special expertise in asbestos litigation.

Speaking to an audience of medical and legal professionals, Mr. Cloud explained that Americans continue to suffer from mesothelioma. Most scientists estimate that 2,500 to 3,000 Americans are newly diagnosed with mesothelioma annually. One author even estimates that, based on SEER data and the new ICD coding system, as many as 6,000 Americans may be diagnosed with mesothelioma each year.

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