Hearing focuses on asbestos

indystar

October 02, 2009 by indystar | Staff

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Victims, relatives seek more time to file lawsuits after disease diagnosed

Dorothy Kuykendall choked back tears Thursday as she told a legislative committee of her bout with mesothelioma, a deadly disease she believes was caused by asbestos she was exposed to as factory worker decades ago.

“My husband is 13 years older than I am, and I was sure I would be able to take care of him until he died, but that’s not going to happen,” Kuykendall, 76, of Terre Haute, told the Commission on the Courts. “He’s caring for me, and with all my medical bills, I’m afraid he won’t have enough income to live in our home.”

Kuykendall and several others are on a quest to have an Indiana law amended to allow more time for workers to file lawsuits against those who exposed them to asbestos. Mesothelioma is a form of lung cancer strongly tied to asbestos exposure.

They say an Indiana Supreme Court interpretation of state law gives people exposed to asbestos only 10 years after exposure to start legal action. But lung cancer, asbestosis and mesothelioma can take decades to develop after the initial exposure.

They want up to two years after they are diagnosed to file lawsuits against those who knowingly exposed them to the deadly toxin.

Supporters of the change say Indiana is the only state without exceptions for the often latent diseases.

“They only ask that they have the right to go to court to see if someone is responsible,” said Russell Sipes, an attorney for people exposed to hazardous substances. “There are people out there who are getting off because enough time has gone by.”

Sipes, citing the U.S. Centers for Disease Control and Prevention, said 55 to 70 people in Indiana die from mesothelioma each year.

Dr. David Mares, a pulmonologist from Anderson who treats mesothelioma patients, said the disease is nearly always tied to asbestos exposure. He said it can take 20 to 60 years for the symptoms to manifest, and once they do, the person usually dies in six months to two years.

Sharon Wilson of Greenwood said her husband died of mesothelioma in April 2008. He had worked summer construction jobs involving asbestos, she said, but her family has been unable to seek damages.

“Jim was a husband, a father and a grandfather,” Wilson told the panel. "I am angry with my state, that the state sees no value in my husband’s life and death or the economic hardships our family now suffers.

“On behalf of all the other families who have lost loved ones to this awful disease, I beg you to recognize us and at least have a chance to find out who is responsible for what happened.”

Nobody testified against the proposal, which was debated in the last legislative session.

Democratic Rep. Linda Lawson of Hammond, chairwoman of the courts commission, said it was sure to resurface in the next legislative session.

Category: Communities

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deadly toxin, mesothelioma patients, asbestos exposure, indiana supreme court, asbestos mesothelioma, sharon wi, centers for disease control and prevention, kuykendall, victims relatives, initial exposure, court interpretation, pulmonologist, sipes, indiana law, disease control and prevention, deadly disease, legislative committee, asbestosis, hazardous substances, medical bills, Communities

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