Ohio Valley Correspondent

WHEELING — A series of lawsuits involving false claims of asbestosis has resulted in a new standards for people seeking to get compensated for their illness by their employers.

A circuit court judge overseeing asbestos litigation in the Mountain State has established strict new guidelines requiring, in part, that potential claimants see a pulmonolist before filing for damages.

Ohio County Circuit Court Judge Arthur Recht also said he will dismiss, without prejudice, any claim relying solely on the diagnoses of retired Bridgeport radiologist Dr. Ray Harron, discredited four years ago after a federal judge in Texas painted him as a key player in an alleged opinion-for-profit scheme involving asbestosis and silicosis testing.

Last month, a federal judge in Wheeling dismissed civil charges of fraud and conspiracy filed by CSX Transportation against Harron and Robert Peirce & Associates, a Pennsylvania law firm that used Harron’s services in countless asbestos claims against the railroad. U.S. Judge Frederick Stamp ruled CSX could not prove its claims against either of them. CSX has filed notice of its intent to appeal.

However, that suit’s dismissal does not involve the claims pending in Recht’s courtroom, where Peirce & Associates is currently representing roughly 1,200 active plaintiffs in asbestos cases involving CSX.

In his ruling, Recht said a board-certified pulmonologist now must verify the identity of the plaintiff, do “full and complete” medical and exposure histories along with a full medical exam, including pulmonary function testing and diagnostic imaging as well as a physical. If the plaintiff is deceased, he is requiring a full record review in order for a claim to move forward.

Recht also set deadlines for potential claimants to submit written, notarized statements stipulating the truthfulness of their claim and verifying they understand the procedural guidelines, and to produce all relevant documents, including diagnostic materials. They also must allow CSX or other defendant companies to obtain copies of their medical records and depose health care professionals who sign off on their diagnosis.