Asbestos Legislation Doesn’t End the Debate

For the 75 companies that manufactured asbestos and related products now bankrupt because of runaway asbestos lawsuits, it’s too late for common sense to prevail.

However, after reading the your April 20 article, “Senate Deal for Asbestos Victims Trust Fund Announced,” there’s a glimmer of hope for small businesses.

On April 19, the Senate introduced legislation that would establish a trust fund to end the frenzy of asbestos litigation.

Trial lawyers are now setting their sights on small businesses. Hardware stores, roofers, pavers, auto repair shops and others are now targets of asbestos suits. In most cases, their insurance coverage cannot save the businesses from bankruptcy when they end up on the wrong side of a damage award.

Not only would the asbestos trust fund bring certainty to defendant companies and insurers, it also would cap fees awarded to trial lawyers at 5%, preventing them from siphoning off money that should go to asbestos victims.

Because claimants must meet stringent medical criteria in the context of the trust fund solution, victims would finally get the compensation they deserve.

Karen Kerrigan

President and CEO

Small Business &

Entrepreneurship Council

Washington

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There is nothing fair about the “Fairness in Asbestos Injury Resolution” bill, nor is there anything frivolous about asbestos disease. Imagine, if you can, that you are a victim dying of mesothelioma because your employer poisoned you on the job.

You’ve finally made it through an arduous court battle and are about to receive some help with your medical bills when Congress steps in, throws out your settlement and tells you to get in line and wait while it sets up a new bureaucracy.

More than 30 million buildings and homes contain asbestos, and Americans will suffer for decades from deaths, disabilities and diseases caused from asbestos exposure.

The only truth behind the bill is corporations and their insurers receive billions in guaranteed liability relief.

Linda Reinstein

Exec. Director, Co-founder

Asbestos Disease

Awareness Organization

Redondo Beach