We Still Need Responsible Asbestos Legislation!
Sunday, February 8th, 2009
In 2005, Senator Arlen Specter (R-PA) attempted to steal the right to trial by jury from American citizens who had been exposed to asbestos and were suffering the health consequences of that exposure. The Fairness in Asbestos Injury Resolution (S.852) was intended to brush the ugly truth of corporate sin and greed under the carpet and leave those suffering from asbestos injuries in the future without any way to access a fair assessment of their injuries.
The bill would essentially set up a trust to handle all future asbestos injury claims against asbestos manufacturers and their insurers. By setting up a trust fund to pay out pre-determined amounts to victims, depending on the extent of their injuries, the legal process would be eliminated and asbestos manufacturers and insurance companies would be off the hook.
However, as you might imagine, the bill had several flaws. I will outline a few below.
1.) Estimates have concluded that the trust, as it was proposed, was drastically underfunded, essentially establishing a sunset for justice before the money ran out.
2.) The bill does not fairly pay out compensation based on suffering of the plaintiff. The maximum payout is $1 million, pre-determined for those diagnosed with the cancer mesothelioma, the most serious and deadly asbestos-related health condition.
3.) The bill leaves out those whose asbestos history may not necessarily be tied to a single asbestos manufacturer, such as those who were exposed at the World Trade Center site after the terrorist attacks of September 11th, 2001.
We must not allow Specter and his corporate special interests off the hook while leaving those exposed without the right to full legal process. As a new administration enters the White House, let us hope that the spirit of progressive politics championed by President Barack Obama trickle down to all facets of governance, including responsible asbestos legislation.
