Oppose Senate Bill 1125 San Leandro, CA

Honorable Senator Feinstein

I am writing on behalf of my mother, Leona Denton, and myself to express strong opposition to S. 1125, the so-called "Fairness in Asbestos Injury Resolution Act".

Five years ago I lost my father, Russel W. Denton, to Malignant mesothelioma. The only known cause of malignant mesothelioma is asbestos exposure. My father exercised his legal rights to seek redress. He retained counsel and complied with all applicable laws.

I watched my father die a horrible and painful death. He underwent radical surgery to attempt to extend his life, but passed away within 5 months of his diagnosis. He experienced hair loss, nausea, significant weight loss, and due to constant pressure in his chest cavity was able to breathe only with significant pain.

My father never smoked, nor did he drink. His most significant exposure to asbestos occurred while working in a shipyard building victory ships during world war II. My father left behind my mother, who at 68 years of age was diagnosed with Alzheimer's. My father had worked many years and had a modest retirement, but was certainly not prepared for the expense of full time care for my mother. He did not expect to die at 73 years of age, leaving my mother to the care of others.

Because my father sought and received compensation from asbestos companies for his illness, my mother now has adequate funds to ensure she has the care necessary to deal with Alzheimer's. Without the ability for my father to seek this compensation, I can only imagine that I would personally be responsible for my mothers care. The expenses are enormous, and having suffered from the residual effects of polio for 50 years, I am focused on securing my own retirement. I am certainly not prepared to deal with my mothers situation as well as my own.

S 1125 is a windfall for corporate wrongdoers. The companies that are in bankruptcy now, such as United States Gypsum, Owens Corning, GAF, Federal Mogul, and WR Grace, who have agreed to pay most or all of their value to present and future asbestos claimants, will now pay only a fraction of their promise.

I cannot express to you the pain that mesothelioma has brought to my mothers and my life. S. 1125 takes away the right to jury trial for mesothelioma patients like my father who were poisoned with asbestos, and bails out the companies who poisoned them.

I hope you will devote some of your attention in your coverage of the bill to the problems this legislation would pose for people like my mother and father. The Hatch bill would be devastating to claimants such as my parents. I am sure there are thousands of similar cases.

This bill is defective and must be "scrapped".

I anxiously await your response.

{ to read Russel Denton's medical profile, please click here }


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

*** POSTED ON JULY 11, 2003 ***