(a) A plaintiff in an asbestos action alleging a nonmalignant condition shall file within ninety (90) days of filing the complaint or other initial pleading a detailed narrative medical report and diagnosis, signed by a qualified physician and accompanied by supporting test results, constituting prima facie evidence that the exposed person meets the requirements of this part. The report shall not be prepared by a lawyer or person working for or on behalf of a lawyer or law firm.
Terms Used In Tennessee Code 29-34-703
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 to asbestos-containing products is the basis for an asbestos action. See Tennessee Code 29-34-702
Nonmalignant condition: means any condition that can be caused by asbestos other than a diagnosed cancer. See Tennessee Code 29-34-702
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Plaintiff: The person who files the complaint in a civil lawsuit.
Qualified physician: means a board-certified internist, pathologist, pulmonary specialist, or specialist in occupational and environmental medicine, as may be appropriate to the actual diagnostic specialty in question, who: (A) Has conducted a physical examination of the exposed person and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed occupational, exposure, medical, smoking, and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos action. See Tennessee Code 29-34-702
signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
Supporting test results: means copies of the following documents and images: (A) Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO 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 part. See Tennessee Code 29-34-702
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) A defendant in an asbestos action shall be afforded a reasonable opportunity before trial to challenge the adequacy of the prima facie evidence that the exposed person meets the requirements of this part. An asbestos action shall be dismissed without prejudice upon a finding that the exposed person has failed to make the prima facie showing required by this part.(c) A plaintiff in an asbestos action, including an action alleging a nonmalignant condition or a malignant condition, filed on or after July 1, 2021, shall file, within thirty (30) days of filing any complaint, an information form attested by plaintiff stating the evidence that provides the basis for each claim against each defendant. The information form must include all of the following to the best of the plaintiff’s ability:
(1) The name, address, date of birth, marital status, occupation, smoking history, current and past worksites, and current and past employers of the exposed person, and any person through which the exposed person alleges exposure;(2) The plaintiff’s relationship to the exposed person or the person through which the exposure is alleged;(3) Each asbestos-containing product to which the person was exposed and each physical location at which the person was exposed to asbestos, or the other person was exposed if exposure was through another person;(4) The specific location and manner of each exposure, including the specific location and manner of exposure for any person through which the exposed person alleges exposure, the beginning and ending dates of each exposure, the frequency of the exposure, and the identity of the manufacturer or seller of the specific asbestos product for each exposure;(5) The specific asbestos-related disease claimed to exist; and(6) Supporting documentation relating to subdivisions (c)(1)-(5) that is sufficient to establish the basis for each claim against each defendant.(d) A plaintiff has a continuing duty to supplement the information that is required to be disclosed in this section.(e) The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos claim without prejudice as to any defendant whose product or premises is not identified in the required disclosures set forth in subsection (c).(f) The court, on motion by a defendant, shall dismiss a plaintiff’s asbestos claim without prejudice as to all defendants if the plaintiff fails to comply with the requirements of subsection (c).(g) Asbestos actions must be individually filed. No asbestos action filed on or after July 1, 2016, shall be permitted on behalf of a group or class of plaintiffs.
