Court Finds Retroactive Application of State's Medical Criteria Act Proper

CLEVELAND -- An Ohio court of appeals has reversed a trial court ruling that the retroactive application of the state's medical criteria legislation was unconstitutional, holding that the statute is remedial in nature, and therefore constitutional. In Re: Special Docket No. 73958, Nos. 87777 and 87816 (Ohio 8th Dist. Ct. App., Cuyahoga Cty.).

In the Sept. 4 opinion, the Eighth District Court of Appeals for Cuyahoga County found that only the methods by which the plaintiffs' claims are recognized is affected by the legislation.

The plaintiffs involved in the instant appeal all allegedly suffer from nonmalignant lung diseases, according …