The Asbestos Trust Fund Bill
The Asbestos Trust Fund bill is a pro-business asbestos reform bill that is fundamentally unfair to thousands of Americans suffering from one of the most deadly cancers associated with asbestos exposure.
The Committee to Protect Mesothelioma Victims formed shortly after Sen. Orrin Hatch (R-Utah), Chairman of the Senate Judiciary Committee, effectively ended negotiation with organized labor and others by announcing his plan to remove asbestos litigation from the nation's court system. The bill died as the 108th Congress ended in late 2004. However, the Judiciary Chairman, Sen. Specter, has been pushing legislation that would establish a burdensome trust fund.
Senator Specter's legislation will do far more to help corporate America and far less to help legitimate victims of asbestos poisoning, namely those with mesothelioma, the worst asbestos-related disease.
The urgency to stop the bill is more apparent than ever. President Bush has made a clear effort to champion the asbestos reform issue. In his State of the Union address, President Bush again referred to "frivolous asbestos claims" in his speech, citing a need for asbestos reform in the United States and encouraging legislators to pass something through the Senate this year. No case of mesothelioma is "frivolous."
About Mesothelioma
Mesothelioma is a relatively rare type of cancer that usually kills within a year or two of diagnosis. Virtually 100 percent associated with asbestos exposure, mesothelioma cases actually represent only about 1,500 of the 60,000 asbestos cases diagnosed each year — an important point, because one element of the "asbestos litigation crisis" is that it clogs the nation's court system. more about meso
Fundamental Problems with the Asbestos Trust Fund Bill
The asbestos trust fund bill is not adequately funded and would provide only $140 billion for all current and future asbestos claims. The bill will take away victims' legal rights by removing their claims from the court system and force them to apply to a trust fund for compensation. If the trust fund falls apart, which is expected by many in Congress, victims, many of whom have less than two years to live, will be forced to begin the court process over again. This bill will not only take away victims' rights to sue, but it will also take away their livelihood.
How the Asbestos Trust Fund Bill Hurts Mesothelioma Victims
While merits and shortfalls of the Asbestos Trust Fund bill are debated, the Committee To Protect Mesothelioma Victims is making its case that the bill is particularly unfair to victims for several reasons:
- The Asbestos Trust Fund bill is underfunded. Any amount at $140 billion or less is too low to fairly compensate victims for their medical costs, loss of wages, and pain and suffering. The most recent bill is similar to S. 2290, which died in Congress in 2004. The CBO estimated that "the operations of the fund would increase budget deficits by $13 billion over the 10-year period."
- The bill will seize victims' legal rights by taking them out of the court system and force them to register with a new and untested government bureaucracy. If the system fails, victims will then be allowed to return their claims to the court system. This poses major logistical problems for claimants and forces them to endure financial costs that will result. In addition, if the system fails victims will have to face new litigation restrictions in the court system.
- In effect, the bill eliminates many victims who are exposed to asbestos after an arbitrary date. The Environmental Protection Agency has determined that as many as 35 million homes, schools and businesses are currently contaminated with asbestos containing Zonolite insulation. According to OSHA, 1.3 million workers are currently being exposed to asbestos. Some of these workers will develop asbestos related diseases over the next 10 to 50 years. The weighted exposure criteria proposed in an amendment assumes that asbestos is no longer a problem in this country. The government's own watchdogs have proven otherwise. If exposure to asbestos continues to this day, why does the weighted exposure criteria favor those exposed long ago at the expense of the unwitting who are still being exposed?
- In addition, the trust fund ignores victims who became sick while doing home repairs and remodeling as well as their own automotive maintenance. Thus the American family who practiced self-reliance and unwittingly exposed themselves to asbestos will be denied access to compensation if they become sick.
Mesothelioma Victims Are Everywhere
Victims of mesothelioma and their families live in all 50 states and are available for interviews. Also, Committee spokespeople are ready for interviews on this important issue. To arrange interviews, please contact us.
If you are a victim and would like to oppose Asbestos Trust Fund legislation, please call your Senators.
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