Friable Thoughts

Tuesday, April 05, 2005

Mesothelioma Plaintiffs Down and Out in Indiana

As a Californian, it's surprising to see such pro-defense decisions in courts of other jurisdictions. This decision from an Indiana appellate court basically shuts down any mesothelioma cases in the state. The court held that the plaintiff "must submit evidence that a reasonably experienced physician could have diagnosed the patient with one of these conditions within the statute of repose period, not merely that the plaintiff had lung damage that could eventually lead to one of these conditions." Given that the statute of repose is ten years and the latency period for mesothelioma is much longer than that, mesothelioma plaintiffs are effectively precluded from bringing a cause of action in the Hoosier State.

It seems the court was following the precedent of the Indiana Supreme Court because it had previously struck down the statute of repose as unconstitutional under the state constition but was reversed by the state supreme court. I wonder if that converts all the potential cases in the Hoosier state into asbestosis claims with later mesothelioma claims filed in another state.

Does this mean that Indiana asbestos lawyers need to get admitted into neighboring states? If so, stay away from California. We've got too many lawyers already.

JURICH v. JOHN CRANE, INC. No. 45A05-0407-CV-385 Indiana Court of Appeals (March 31, 2005)


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