Asbestos Injury Resolution Act opposed by mesothelioma victims

The Asbestos Disease Awareness Organization (ADAO), an organization dedicated to serving as the voice of asbestos victims, today announced its opposition to "The Fairness in Asbestos Injury Resolution Act" - sponsored by Senator Arlen Specter (R-PA).

In a written statement submitted today to the Senate Judiciary Committee, which held hearings to discuss the bill, ADAO Executive Director Linda Reinstein stated:

"As President Bush mentioned, 'The volume of asbestos lawsuits is beyond the capacity of our courts to handle, and it is growing. More than 100,000 new asbestos claims were filed last year alone.' But we need a solution that takes into account the voice of the victims and puts their rights first.

• Asbestos is a public-health crisis not a bankruptcy crisis.
• The U.S. alone loses 30 lives every single day, and the numbers are estimated to be five times higher if victims were diagnosed correctly.
• Asbestos exposure is responsible for one in every 125 deaths of men over the age of 50.
• Asbestos has not been banned in the United States.
• Asbestos is the largest single cause of occupational cancer in the United States.

Presently, ADAO is opposed to the bill for the following reasons.

• Our Medical Advisory Board strongly objects to the outdated and incorrect medical criteria in this bill describing the symptoms, diagnosis and severity of asbestos related diseases. Any piece of legislation should follow the established American Thoracic Society guidelines to diagnose and treat asbestos related diseases.
• Inordinate compensation delays and ineligibility for the victims.
• Inadequate funding for not only research, but education, prevention and outreach."

Reinstein also criticized the proposed trust fund in the legislation, explaining that: "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...We are not principally opposed to a trust fund. But it makes good business sense to design a fair and balanced fund that provides speedy compensation and adequate funding for research, education and outreach. Give the victims the right to choose the fund or a trial. Citizens need to make certain before they give up their right to a trial, that a national trust fund has sufficient funding for the future."

Reinstein, whose husband is undergoing treatment for mesothelioma, concluded by saying: "For many of us, it's too late, but it's not too late for Congress to write fair and just legislation for the victims of today and the future."

Recommended link: Complete coverage of Mesothelioma and other asbestos related lawsuits