1. With respect to an asbestos action or silica action not barred by limitations as of July 1, 2017, an exposed person‘s cause of action shall not accrue, nor shall the running of limitations commence, prior to the earliest of the following:

 a. The exposed person received a medical diagnosis of an asbestos-related impairment or silica-related impairment.
 b. The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment or silica-related impairment.
 c. The date of death of the exposed person having an asbestos-related impairment or silica-related impairment.

Terms Used In Iowa Code 686B.8

  • 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
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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
  • 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
  • State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Iowa Code 633D.2
 2. This section shall not be construed to revive or extend limitations with respect to any claim for asbestos-related impairment or silica-related impairment that was otherwise time-barred as of July 1, 2017.
 3. An asbestos action or silica action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer or silica-related cancer. Where otherwise permitted under state law, no damages shall be awarded for fear or increased risk of future disease in an asbestos action or silica action.