Personal injury trial lawyers spend millions of dollars on aggressive marketing and scare tactics recruiting plaintiffs—sick or well—to join massive class action lawsuits. The greater number of plaintiffs—ill or not—the greater the dollar amount of a possible reward. Since there is no financial incentive for trial lawyers to change this approach, lawmakers must fix a broken system.

Trial lawyers fund “free” asbestos screenings, administered in traveling labs parked outside factories and other places of business. A typical screening consist of a simple chest x-ray. Many participants are told that their x-rays show detectable markings on the lungs and that this is “consistent” with asbestos-related disease.

However, it has been estimated that as many as 90 percent of those recruited as plaintiffs are not experiencing any symptoms of asbestos-related disease affecting their daily functions.

The statute of limitations begins to run as soon as a person learns they may have an asbestos-related disease or symptom. People fear that time to sue may run out, which encourages them to "sign up" quickly and discourages them from seeking a second opinion from a doctor. The unfortunate result is that people who are unharmed and who would never consider filing a frivolous or junk lawsuit are duped into doing so by this trial lawyer scheme.