The proposal to substitute a national trust fund for the rights
of Americans poisoned by asbestos to go to court is back. The
Senate takes up the matter today under the leadership of Pennsylvania
Senator Arlen Specter (R-PA), chairman of the Judiciary Committee.
ATLA has always said that it does not oppose the concept of a
trust fund if it is adequately funded and fair to those poisoned
by asbestos. Lawmakers must especially make sure that sick and
dying asbestos victims do not have to endure further delays in
receiving appropriate compensation for their injuries.
Based on what we know so far, the Senate has a long way to go.
Although officials have yet to release funding levels, the last
overall figure discussed was $141 billion. That is $12 billion
below the measure approved by the Senate Judiciary Committee in
2003. Many experts predict that is far too small a figure for
current and future victims. Even the Congressional
Budget Office has warned that the proposed trust fund may
have to borrow money from the government to stay afloat.
Even worse, asbestos victims may have to wait as long as ten
years before they receive the help they need to handle the devastating
health and financial consequences of their asbestos related diseases
because the fund will be overwhelmed with hundreds of thousands
of pending settlements and claims the day it opens its doors.
After so many deaths, what is most amazing is that asbestos is
still being used in America today. Government figures from the
USGS report that 30 million pounds of lethal asbestos fibers are
imported into the United States each year. The first step in ending
asbestos liability is to stop exposing people to its dangers.
The Senate should call for an immediate ban on the importation
and use of asbestos, as Senator Patty Murray (D-WA) has proposed.
Senator Specter has been open and fair in his consideration of
the complicated issues regarding asbestos. We hope he continues
to be and remembers that the rights of Americans poisoned by asbestos,
not the asbestos companies and their insurers who knowingly poisoned
them in the first place, should be the first priority.
###
