Court Says Ohio Lung Cancer Claim Should Not Have Been Dismissed

CLEVELAND - An Ohio appeals court has reinstated a lung cancer case filed on behalf of a former steel worker after it was administratively dismissed for failure to meet the state's minimum medical requirements for asserting asbestos claims. Whipkey v. Aqua-Chem Inc., et al., No. 96672 (Ohio Ct. App., 8th Dist.).

The Eighth District Ohio Court of Appeals held March 8 that it would have been impossible for William Whipkey and his wife, Marilyn, to comply with the requirements because his case was filed prior to the enactment of the criteria statute and he died two years before the case …