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ADMIRAL ZUMWALT & CONSULTANTS, INC.
1831 Wiehle Avenue
Suite 103
Reston, Virginia 20190
Tel: (703) 478-0707
Fax: (703) 437-6182
July 18, 2005
To Whom It May Concern:
I would like to believe the motivation
behind the FAIR Act, seeking a universal solution to the
problem of compensating and assisting those asbestos victims
most in need, is one of taking action in the best interests
of these victims. Even if one were to accept such a precept,
one cannot, in good conscience, endorse the legislation for
reasons that suggest their best interests are not being
served. As one who can bear witness to the battle fought and
lost by a family member to the most deadly of the
asbestos-related diseases, mesothelioma, I feel I am somewhat
more sensitized to the issue than others may be.
My late father, Admiral
E. R. Zumwalt, Jr., a Navy veteran whose service
transcended three wars, died of mesothelioma in January 2000.
His will to live simply was unable to overcome the deadly
disease that would eventually claim his life spirit. Had he
survived, I know he would have led the fight for other
veterans suffering from asbestos-related diseases to maximize
care, assistance and compensation for them-just as he had led
the fight to do so decades earlier on behalf of veterans
exposed to Agent Orange after the death of my brother. As my
father is not around to lead this charge, I am compelled to
participate in it to ensure both those who drafted the FAIR
Act and those asbestos victims who may feel pressured to
accept something in hand now really understand the full
impact of the consequences of this legislation.
If one disregards the fact that those most
responsible for this tragedy by manufacturing an inherently
dangerous product:
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will be relieved of full accountability
for their actions;
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will have enjoyed enormous profits from
the sale of this product;
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have manufactured it knowing full well
for more than a century it was poisonous;
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will benefit from this legislation at
the expense of the American taxpayer who will be left to
bear a significant financial burden;
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will have escaped full accountability
for putting at risk veterans who unwittingly believed the
only dangers facing them lay on the other side of the
battlefield-only to learn otherwise years later as a
third of all mesothelioma cases have been determined to
be connected to military service;
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will-if history for such compensatory
funds repeats itself-have no further accountability when
the fund goes broke;
there are still reasons the name of the FAIR
Act is a misnomer. First, the cost of medical treatment given
my father the last few months of his life was quickly
approaching the $1,000,000 mark-and would have surpassed that
had his suffering not been mercifully cut short. While he was
both an older victim and one whose survivability period was
on the short end of the estimated 6-18 month post-diagnosis
timeframe, his medical costs would have quickly exceeded the
$1,100,000 cap the FAIR Act sets. Second, it is absolutely
critical mesothelioma research be funded, not only to assist
those already diagnosed but thousands of others not yet
identified. Legislators had promised such funding would be
mandated. This has proven to be a false promise. Third, since
it is clear asbestos cancer is service-connected, the
Department of Defense and Department of Veterans Affairs need
to be directed to create a mesothelioma treatment program for
veterans.
I fully appreciate the concerns and
frustrations involved in trying to cap the abyss of asbestos
litigation. However, if this is going to be done right, it
must be done in a way that reasonably maximizes the interests
of those who fought so valiantly to preserve the interests of
businesses that now seek to avoid full accountability to
them. Anything less than this is simply UNFAIR.
Sincerely
James G. Zumwalt
Vice President
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