1. A plaintiff in an asbestos action involving a nonmalignant condition or a silica action involving silicosis shall file with the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed under oath by a qualified physician and accompanied by supporting test results, which constitute prima facie evidence that the exposed person meets the requirements of this chapter. The report shall not be prepared by an attorney or person working for or on behalf of an attorney.

Terms Used In Iowa Code 686B.3

  • Asbestos: means the same as defined in section 686A. See Iowa Code 686B.2
  • Asbestos action: means the same as defined in section 686A. See Iowa Code 686B.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Exposed person: means a person whose exposure to asbestos or silica or to asbestos-containing products or silica-containing products is the basis for an asbestos action or silica action. See Iowa Code 686B.2
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Nonmalignant condition: means any condition that can be caused by asbestos or silica other than a diagnosed cancer. See Iowa Code 686B.2
  • person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
  • Plaintiff: means the person bringing an asbestos action or silica action, including a personal representative if the asbestos action or silica action is brought by an estate, or a conservator or next friend if the asbestos action or silica action is brought on behalf of a minor or legally incapacitated individual. See Iowa Code 686B.2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Qualified physician: means a physician who is board-certified in internal medicine, board-certified in pathology, board-certified in pulmonary medicine, or board-certified in occupational medicine, as may be appropriate to the actual diagnostic specialty in question, and for whom all of the following are true:
     a. See Iowa Code 686B.2
  • Silica: means a respirable crystalline form of silicon dioxide, including quartz, cristobalite, and tridymite. See Iowa Code 686B.2
  • Silica action: means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to silica, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to silica or a representative, spouse, parent, child, or other relative of that person. See Iowa Code 686B.2
  • Silicosis: means simple silicosis, acute silicosis, accelerated silicosis, or chronic silicosis caused by the inhalation of respirable silica. See Iowa Code 686B.2
  • Supporting test results: means copies of the B-reading; pulmonary function tests, including printouts of the flow volume loops, volume time curves, diffusing capacity of the lung for carbon monoxide graphs, lung volume tests and graphs, quality control data and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this chapter; B-reader reports; reports of X ray examinations; diagnostic imaging of the chest; pathology reports; and all other tests reviewed by the diagnosing physician or a qualified physician in reaching the physician's conclusions. See Iowa Code 686B.2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
 2. A plaintiff in an asbestos action, including an action alleging a nonmalignant or a malignant condition, or a silica action involving silicosis, shall file with the petition or other initial pleading a sworn information form specifying the evidence that provides the basis for each claim against each defendant. The sworn information form shall include all of the following with specificity:

 a. The name, address, date of birth, marital status, occupation, current and past worksites, and employer of the exposed person.
 b. Each person through whom the exposed person was exposed to asbestos or silica, and the exposed person’s relationship to each person.
 c. Each asbestos-containing product or silica product, whether from a bankrupt entity or otherwise, to which the exposed person was exposed, or if the exposed person was exposed through another person, to which that person was exposed.
 d. The specific location and manner of each exposure, including the specific location and manner of exposure for any person through whom the exposed person was exposed to asbestos or silica.
 e. The beginning and ending dates of each exposure and the frequency of the exposure of the exposed person to the product or its use, including for any person through whom the exposed person was exposed.
 f. The identity of the manufacturer or seller of the specific asbestos or silica product for each exposure.
 g. The specific asbestos-related or silica-related disease claimed to exist.
 h. Any supporting documentation relating to the information required under this subsection.
 3. A defendant shall be afforded a reasonable opportunity to challenge the adequacy of the prima facie evidence before trial.
 4. The court shall dismiss the asbestos action or silica action without prejudice on finding that the plaintiff has failed to make the prima facie showing required by this chapter or failed to comply with the requirements of subsections 1 and 2. The court shall dismiss the asbestos action or silica action without prejudice as to any defendant whose product or premises is not identified in the information required pursuant to subsection 2.
 5. An asbestos action or silica action must be individually filed and shall not be filed on behalf of a group or class of plaintiffs.
  Previous section
Next section  
 Chapter 686B Contents