Agreement difficult to ban asbestos lawsuits

The US Senate, at the behest of President Bush who has proposed banning asbestos class action lawsuits and creation of a trust fund, is currently discussing a bill “The Fairness In Asbestos Injury Resolution Act”. Senator Arlen Specter is following the guidelines provided by Bush and is holding hearings on the bill, that is largely opposed by most mesothelioma victims and their attorneys, who are afraid that adequate compensation will not be available to those that have suffered the most. (Related article: Bush proposes ban on asbestos class action lawsuits)

Senator Patrick Leahy has issued a statement that explains his position on the matter. He says, "We must see our efforts through until we have a balanced and effective national trust fund that fairly compensates victims of asbestos-related disease. In order to reach that goal, we must continue to work with the various stakeholders and Senators on both sides of the aisle until we settle the outstanding details on a fair resolution for all concerned...We have yet to reach consensus on the other two pillars of a successful trust fund -- fair award values for asbestos victims, and adequate funding to pay for the victims’ claims. If the award values are too low or subject to liens that reduce or exhaust any recovery for victims, the bill will be inherently unfair and unworthy of our support. There are about 600,000 legal cases currently pending in the system, making it critical to have adequate funding at the inception of a national trust fund. Direct contributions from defendants and insurers and borrowing authority will be necessary to accommodate the inevitable, which is thousands of these pending claims coming in on the very first day of the trust fund." (Related article: Asbstos Injury Resolution Act faces strong opposition from mesothelioma patients)

Reaching agreement on this complex issue is not going to be easy. There is already strong opposition from several mesothelioma victims rights groups. AFL-CIO President John J. Sweeney, speaking for workers suffering from mesothelioma, said, "President Bush missed an opportunity today to show genuine compassion for the victims of asbestos disease and support for responsible relief for businesses struggling with asbestos claims by failing to endorse the creation of a national asbestos victims trust fund. Contrary to comments at today’s White House event, the crisis we are facing is not just a litigation crisis, it’s a disease crisis. For the last several decades we have seen the toll of workers and family members disabled and killed by asbestos disease mount to staggering levels, the result of the willful practices of manufacturers and employers who withheld information about the hazards of asbestos and did little or nothing to control exposures." He further proposed that an adequately funded no fault system was the best way to make sure that asbestos victims would be fairly compensated.

Related article: Senator Specter's plan opposed by mesothelioma victims