Oppose Senate Bill 852 Scottsdale, AZ
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April 15, 2005
Senator Patrick Leahy
Dear Senator Leahy, I am deeply concerned with the Federal Asbestos Trust Fund that is currently being considered by you and the Judiciary Committee. As a victim of asbestos, I write this letter to voice my great disturbance with this bill and to urge you, Senator Leahy, to withdraw your support from this bill. The largest complaint that I have with the Federal Asbestos Trust Fund is its effect of silencing victims' ability to educate the community of the hazardous and reckless conduct of companies. If this bill were to go in effect, victims would not get their day in court. That is, victims would not be able to formally confront those responsible for inflicting this injury. I fear that this legislation will silence victims' ability to educate juries and society about asbestos and the conduct of asbestos companies. Once silenced, society will soon forget about the actions of these companies, which may give way to similar conduct by companies in the future. It seems that the lessons of asbestos and corporate misconduct have not been learned. You can't open the news paper without reading some fraud or scandal involving companies at the expense of individuals and society. In today's atmosphere of corporate irresponsibility, the lessons of asbestos and the conduct of asbestos companies must stand and continue to be heard by the American public to keep companies in check. Victims need and deserve their day in court. Society needs to hear these cases. I sincerely hope that you do not vote to silence victims. I sincerely hope that you withdraw your support from this bill. Second, payments under this bill will not be made to victims until months and possibly years after the bill's enactment, further injuring and victimizing the victims. Among other reasons for delay, the bill allows the companies that made the deadly asbestos products to appeal their tier placement and share assessment. This bill guarantees that these appeals will be made, which will no doubt halt the payments to victims. My family and I have been blessed to receive settlements as early as within sixty days of filing suit. This is a benefit that we have received, which will be denied current and future victims under the bill. Personally, my family greatly needed this money given the great costs incurred for medical treatment and bills associated with fighting mesothelioma. If payments under this bill are to be made at all, they will be made too late and will further harm and victimize those who are already victims. Lastly, the asbestos companies have never apologized to me and my family for the harm and damage they have done. And, they will never apologize. It is my understanding that these companies never even accept responsibility in trial. It seems the only language that these companies understand is money. Money is what drove these companies to knowingly and recklessly create products that kill people. However, juries, through their verdicts, have a way of making these companies apologize by making the companies speak in the only language they understand - money. Money is how these companies apologize, and not enough money is going to the victims under this bill. As the current tier system is laid out, I don't think these companies are being asked to apologize; they're getting a slap on the wrist. The victims' lives are worth more than that. This bill does not adequately help the victims it's designed to help. Senator Leahy, this bill is not good for the American public; it's a catastrophe. This bill silences victims by denying them their day in court, it withholds payment of necessary funds for needy victims and results in further victimization, and it doesn't adequately compensate victims. Senator Leahy my family and I sincerely hope and pray that you withdraw your support from this bill. Sincerely,Scottsdale, AZ
*** POSTED ON APRIL 22, 2005 *** |