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Specter Wants To Finish Asbestos Bill By Early February
Asbestos Bill Would:
WASHINGTON, DC — January 14, 2005— The Senate Judiciary Committee met on Tuesday to discuss legislation that would create a trust fund for mesothelioma patients and other asbestos victims, but deprive them of the right to a jury trial. Sen. Arlen Specter, the committee chairman, hopes to push a bill through Congress by early February.
Representatives of labor, asbestos–affiliated companies, insurance companies, and victim advocates were present at the hearing. In a written statement, Linda Reinstein, Executive Director of the Asbestos Disease Awareness Organization (ADAO), said that her group opposes the bill because it:
- » Uses outdated and incorrect medical criteria about the symptoms, diagnosis and severity of asbestos related diseases;
- » Delays receipt of compensation, and makes some asbestos victims ineligible for relief; and
- » Provides inadequate funding for research, education, prevention and outreach.
Ms. Reinstein also commented, “Asbestos diseases can take twice as long to appear as the fund is designed to last. That leaves millions of Americans exposed to asbestos with a fund that is destined to become insolvent…Once again, sick and dying victims will be at the mercy of bureaucracy and receive more aggravation than compensation.”
Sen. Specter has not indicated the amount of the proposed asbestos trust fund at this time. Many believe that it would be around $140 billion, an amount agreed to last year by Sen. Bill Frist (R–TN) and former Senate minority leader, Tom Daschle (D–SD). Advocates for asbestos victims and labor leaders say that this amount is grossly inadequate to compensate those with asbestos–related diseases. The Senate Judiciary Committee had once suggested a trust fund of about $153 billion, Sen. Daschle had originally proposed $145 billion, and labor leaders sought much higher amounts.
Meanwhile, President George W. Bush has been touting the bill as necessary “asbestos reform.” He has met with industry groups and invited manufacturers to town hall meetings. Consumer groups such as Public Citizen’s Congress Watch say that the President is conducting a “one–sided” conversation. ADAO adds “It is unacceptable for meetings to be held with industry, the companies and all the corporate interests who would benefit from the asbestos industry bailout, and not with those who suffer as a result of asbestos exposure” (Los Angeles Times, January 7, 2005).
At Brayton Purcell, we are concerned that the current bill damages asbestos victims and their families. We have worked hard for the defeat of last year’s S.B. 2290, asbestos legislation upon which Sen. Specter’s bill is based. We will continue to fight against any harmful asbestos bills, and to keep you informed of new legislative developments.
Please feel free to contact us if you would like legal information about mesothelioma and other asbestos–related diseases. We have been successfully advocating for asbestos victims for over 20 years, and aggressively fight to protect the legal rights of our clients.
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