Oppose Senate Bill 1125 Scottsdale, AZ

VIA REGULAR U.S. MAIL, TELECOPY
(202) 224-2207 and E-MAIL

Sen. John Kyl
730 Hart Senate Building
Washington, D.C. 20510

Re: The Hatch Asbestos Compensation Bill (S. 1125)

Dear Sen. Kyl:

I am a 57 year-old, life-long Republican who most likely will not live another year.

I have malignant mesothelioma, an asbestos cancer for which there is no cure. I was diagnosed in March at the Mayo Clinic Hospital. They sent me home with Hospice and I was told that there was nothing that could be done for me medically. I traveled to M.D. Anderson Cancer Center in Houston and received the same answer. After hundreds of hours of research and telephone calls, my wife found a physician willing to administer an experimental Eli Lily cancer drug on a compassionate basis. Right now, I suffer from nausea, vomiting, fatigue, and pain, so it is not easy to write this. It is worse to think of my 18 year-old daughter, who has just graduated from high school and whom I planned to put through college; worse still to think of my wife, whom I have always provided for, who is not equipped to provide for herself, alone and without me.

I was exposed to asbestos in a number of ways over the years, but I think it bears mention that I served aboard the USS Forrestal (CVA-59) and was exposed while serving my country honorably. I was onboard when planes on the flight deck of the Forrestal preparing to launch caught fire in the Gulf of Tonkin. Over 130 of my shipmates lost their lives that day. I helped put out the fire, and received a letter of commendation from the Navy for heroism that day. Senator John McCain was an officer aboard the Forrestal and assisted in the abatement of the fire.

I hired lawyers to file suit against the companies responsible for my exposure to asbestos. I am not the "sue happy" type. I have never sued anyone before. I feel that my case is a very serious one which should be heard by a jury of my peers.

I have seen a draft of the Hatch Bill and I am outraged. I happened to make a very good living before this disease struck. I am now unemployed for the first time in my life and must rely on others for all my needs. I was strong man who had never asked or taken from anyone. I intended to keep providing for my family for a very long time; $750,000 will not come close to paying my family back for what they will lose when I die. I would like a jury to decide what is fair. I understand that juries typically grant verdicts many times that amount in cases such as mine. Right now, I am literally being crushed to death by the pressure of my tumor against my liver, heart, and lungs. I am going to be dead, quite likely in a matter of months. Moreover, the Hatch Bill clearly provides for an immediate halt to litigation, so if my lawyers spend $100,000 trying my case, but the Bill becomes law before a verdict, my family would be saddled with that debt and have to pay it back out of the $750,000. In addition, the Trust would deduct all my medical costs and disability payments that are covered by insurance. That is harsh and very cruel; isn’t it enough my wife must watch me die a painful death and my daughter be left fatherless.

I am pro-business and pro-responsibility. My pro-business stance ends where business involves criminality. What the asbestos companies have done is criminal (literally -- the Federal Government prosecutes contractors for knowingly exposing workers to asbestos). The Hatch Bill is an ill-advised corporate bailout, which hurts far too many Americans, and so many of them Navy servicemen. I wish I could meet you and personally beseech you to do everything in your power to stop this Bill. I am supposed to testify in my case on June 12, 2003 at 10 a.m. at the LaQuinta Inn in Scottsdale, Arizona. If you could attend, I would greatly appreciate it. I think this would help you understand what is at stake.

Sincerely,

Jeff Farnsworth


  • Click here for more letters from asbestos cancer survivors taking action against inhumane asbestos trust/bail out bill (SB 1125)

*** POSTED ON JUNE 6, 2003 ***