Press Release
C.P.M.V. Seeks Alternative Asbestos Reform Solution
Backs Medical Criteria/Registry Approach
WASHINGTON D.C. U.S. Sen. Arlen Specter will introduce yet another version of his failed asbestos reform bill to the Senate Judiciary Committee in the coming week. the Committee to Protect Mesothelioma Victims (CPMV) agrees with Sen. Specter and others that federal legislation is necessary to deal with the high volume of litigation stemming from asbestos poisoning across the country, but adds that the "trust fund" approach advocated by Sen. Specter falls short in a half-dozen areas, including the amount of the fund and planning for what happens when the system fails.
CPMV is one of a growing number of backers of what is called the medical criteria/registry approach to asbestos reform. Those plans maintain the existing state court system for resolving asbestos claims, but require those suing to satisfy medical tests before their claims can be taken to court. Those not meeting the medical standards do not lose their right to sue, but are listed on a "registry" until they meet the standards.
The system has earned backing from business groups because one of the core challenges of asbestos reform is dealing with people who feel they have been exposed to asbestos but are not yet very sick. the medical criteria/registry concept eliminates these types of claims from the court system.
CPMV cites studies by the Rand Institute that suggest 90 percent of current asbestos claims might exit the court system under a medical criteria/registry approach.
The group also references Sen. Specter's own bill as a good starting point for an eventual registry, pointing out that the proposed legislation already includes agreed-upon medical criteria. the difference, the CPMV letter points out, is that the proposed legislation uses a new federal bureaucracy to deal with the cases instead of the existing court system.