§ 686b-3

686B.3 Filing claims — establishment of prima facie case — individual actions to be filed. 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 narrativemedical report and diagnosis, signed under oath by a qualified physician and accompanied bysupporting test results, which constitute prima facie evidence that the exposed person meetsthe requirements of this chapter. The report shall not be prepared by an attorney or personworking for or on behalf of an attorney. 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 otherinitial pleading a sworn information form specifying the evidence that provides the basisfor each claim against each defendant. The sworn information form shall include all of thefollowing with specificity: a. The name, address, date of birth, marital status, occupation, current and past worksites, and employer of the exposed person. b.

nformation form shall include all of thefollowing 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 exposedthrough 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 toasbestos 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 theexposed 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.

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 failedto comply with the requirements of subsections 1 and 2. The court shall dismiss the asbestosaction or silica action without prejudice as to any defendant whose product or premises is notidentified 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. 2017 Acts, ch 11, §12; 2020 Acts, ch 1030, §1 – 42020 amendments to section apply to an asbestos action, including an action alleging a nonmalignant or malignant condition, or a silica action involving

17 Acts, ch 11, §12; 2020 Acts, ch 1030, §1 – 42020 amendments to section apply to an asbestos action, including an action alleging a nonmalignant or malignant condition, or a silica action involving silicosis filed on or after July 1, 2020; 2020 Acts, ch 1030, §4 Sat Dec 23 12:26:20 2023 Iowa Code 2024, Section 686B.3 (13, 0)