HB 2029 -- 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 "substantial contributing factor";

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

(3)  Requires the plaintiff to file no later than 60 days prior
to trial a written report and supporting test results
constituting prima facie evidence of the claimant's asbestos- or
silica-related injury;

(4)  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;

(5)  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 contributing factor to the
physical impairment;

(6)  Requires that a detailed narrative medical report and
diagnosis by a qualified physician be included in any prima facie
showing on behalf of a plaintiff's asbestos- or silica-related
claim;

(7)  Specifies that no prima facie showing is required in an
asbestos-related claim based upon mesothelioma;

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

(9)  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;

(10)  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;

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

(12)  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; and

(13)  Specifies that a validly licensed physician in good
standing in another state who testifies as a medical expert
witness is deemed to have a temporary license to practice in
Missouri for the sole purpose of providing testimony.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:45 am