Trial
Lawyers are at it again!
Vote NO on
their resolution!
Over
half of the nation's 200,000 asbestos lawsuits
are pending in Texas courts. Does that make
you breathe easier? Republican (is
he really?) Senator John Carona and his best
friends at Dallas asbestos law firm Baron
and Budd have decided the Republicans should
help make them richer. (Remember John
Carona was the only Republican Senator who
refused to support David Dewhurst for Lt.
Governor in 2002) Liberal Democrat
State Representative Steve Wolens (husband
of Dallas Mayor Laura Miller) is also an
attorney at Baron and Budd.
You
may have received a great looking piece of
mail from them this week entitled "Asbestos
Free Texas." Don't be fooled! Who
would invest that much money to promote a
resolution at the Republican Convention? Only
the trial lawyers....they are infiltrating
conservative circles all over the state. Conservatives
should support Asbestos Litigation Reform
.
Why
are Texas trial lawyers executing “search
and rescue operations” to find every living
soul who inhaled a breath in an old building
during their lifetime? Why are lawyers making
millions on asbestos cases when their clients
have no symptoms or illness?
Lax
litigation standards and no required uniform
medical criteria are the reasons Texas now
leads the nation in asbestos litigation.
Our courts are packed with thousands of cases
regarding asbestos “exposure”. If you want
to file a lawsuit, just mention to a lawyer
that you went to school in the 1950's and
now have a wheeze or a cough. It doesn't
matter if you smoked a pack a day for 40
years. Now they are tearing down that old
school and the asbestos has been revealed!
You have a two year window to file for your “lottery
ticket.” That old school is now owned by
a company that did not even exist in 1950,
but under current law they will bear some
responsibility. That new company may even
go bankrupt in the Texas Asbestos Court Rampage
.
Could
Texas State Senator Kyle Janek be our leader
for “Operation Rescue and Reform”? Janek
is a physician and conservative legislator
from Houston. He introduced Senate Bill 8
to bring common sense and fairness to the
asbestos claim frenzy in Texas.
During
the 78th Legislature SB 8 was narrowly kept
from living by one vote (guess who?) in the
Texas Senate. Due to media attention on the
antics of unruly House members, the public
was generally unaware of the importance of
Sen. Janek's bill. Governor Rick Perry cited
the damage to true asbestos sufferers and
the Texas economy as the reason he supports
this important piece of legislation.
Currently,
respiratory patients with true clinical symptoms
of asbestos inhalation must wait in a court
system jammed with thousands who have never
shown any evidence of impairment from exposure
to asbestos. Many Texas businesses would
rather settle a case instead of waiting out
the litigation game that might last for decades
and cost millions in attorney fees. American
businesses will lose $200 billion and 423,000
jobs. Half of those will be in Texas .
Sen.
Janek has a better idea. His bill would separate
patients who are truly ill from those who
just want a piece of the pie. Sick claimants
should not have to wait in line behind those
who think they might be sick in the future.
Janek's
bill would allow claimants to have a court
date if they actually have clear medical
symptoms or damage.
Janek's
bill would protect the future claims for
those who do not presently exhibit medical
symptoms.
Janek's
bill would protect businesses that never
manufactured asbestos or operated with asbestos
from lawsuits or possible bankruptcy.
Janek's
bill would provide a high speed track for
asbestos litigation. The state supreme court
will set clear medical criteria and publish
a list of approved medical experts for statewide
availability. Today's technology will remove
the guess work when diagnosing such diseases
as asbestosis, pneumoconiosis, and mesothelioma.
True asbestos sufferers will receive needed
compensation quicker and forfeit less to
attorneys.
The
asbestos lottery in Texas has frustrated
sufferers and stunted economic potential
for too long in this great state. It is time
for the games to end and reform to begin.
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