Board of Directors
Robert B. Cameron, M.D.
UCLA Medical School
Nicholas J. Vogelzang, M.D.
Nevada Cancer Institute
M. Ann Abbe
Arlington, Texas
Michael Harbut, M.D., M.P.H.
Royal Oak, Michigan
Roger G. Worthington, Esq.
Dallas, Texas
Mathew Bergman, Esq.
Seattle, Washington
Susan Vento
St. Paul, Minnesota
Mouzetta Zumwalt-Weathers
Cary, North Carolina
Ulf Jungnelius, M.D.
Pfizer, Inc.
In Memoriam
Congressman Bruce
F. Vento
Science Advisory
Board
Harvey Pass, M.D., Chairman
Karmanos Cancer Institute
Victor Roggli, M.D.
Duke University
Robert N. Taub, M.D.
Columbia University
Lary A. Robinson, M.D.
H. Lee Moffit Cancer Center
Steve Hahn, M.D.
University of Pennsylvania
Joseph R. Testa, Ph.D.
Fox Chase Cancer Center
Claire Verschraegen, M.D.
University of New Mexico
Eric Vallieres, M.D.
Swedish Cancer Institute
Dan Miller, M.D.
Emory University
Raphael Bueno, M.D.
Harvard/Brigham and Women's
Hedy Lee Kindler, M.D.
University of Chicago
W. Roy Smythe, M.D.
Texas A&M
Executive Director
Christopher E.
Hahn
MARF, inc.
1609 Garden Street
Santa Barbara, CA 93101
tel (805) 560-8942
fax (805) 560-8962
c-hahn@marf.org
http://www.marf.org
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September 14, 2004
To: Asbestos Victims Bankruptcy
Creditors' Committee Attorneys
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Re:
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Allocation of Chapter 11
Asbestos Trust Fund to Medical Research for Detection,
Prevention, Treatment and Cure
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Gentlemen:
In the next few years, the bankruptcy courts
will approve the reorganization plans for several major
asbestos debtors. The projected combined value for only 11 of
the pending 30 asbestos debtors' trusts will hover around
$19 billion (see attached
chart). The former asbestos companies will in essence
walk away cleansed of their civil tort liabilities. But their
toxic legacy will continue to fester in the lungs of millions
of Americans and in the walls and ceilings of millions of
schools, buildings, and homes.
The asbestos debtors must be held
accountable not only for compensating their victims but also
for ameliorating the latter's suffering and preventing
future victims.
To date, there has never been a concerted
effort to fund a serious campaign to prevent, detect, treat
or cure asbestos cancer. Mesothelioma is truly an orphan
disease. From 2000 to 2003, the National Institutes of Health
(NIH) invested about $2 million per year in applied and basic
research on mesothelioma. In the same period, the NIH spent
about $67 million per year on cervical cancer research, a
cancer responsible for 4,100 deaths per year. In the same
period, the NIH poured in over $244 million per year on AIDS
research and because of that activism a disease once
considered invariably fatal in 1985 is now eminently
treatable. Although 32% of the roughly 3,000 (or more)
Americans diagnosed with mesothelioma were exposed to
asbestos while serving in the U.S. Navy or working in Navy
shipyards, neither the Department of Defense nor the
Department of Veterans Affairs have a medical research and
treatment program for victims of this "war-related"
disease.
Mesothelioma was first discussed in the
medical literature in the 1940's and its incidence will
peak in the next 10 years or so. Since the 1960's,
asbestos litigation has consumed billions of dollars, over
half of which have been absorbed by transaction costs.
Despite the money spent and the lives lost, next to
nothing has been invested in preventing or curing
asbestos cancer. Consequently, the prognosis for mesothelioma
patients today remains unacceptably grim. The Mesothelioma
Applied Research Foundation is, however, optimistic that we
can reverse the institutional apathy and medical nihilism,
with your help.
We recently wrote a letter to Mr. Elihu Inselbuch requesting
an opportunity to appear before the various creditors'
committees to advance our case that a fraction of the
asbestos debtors? settlement funds should be allocated to
medical research (see letter of August 27,
2004 attached). Mr. Inselbuch advised that in order to
discuss the proposal it would need to be raised by one of his
"clients" (see letter of August
31, 2004 attached). Each of you belongs to law firms
which have lawyers who serve on one or more of the ongoing
Chapter 11 reorganizations. Each of you has the power to
champion this long overdue remedy.
MARF would like the opportunity to visit with each of you
about the merits of our proposal. MARF is conducting a
three-day medical symposium October 14-16, 2004 in Las Vegas
. We would like to arrange a meeting during the symposium at
which MARF's doctors and scientists can outline for you
our plan for accelerating breakthroughs in the detection,
prevention, treatment and cure of mesothelioma. If you cannot
attend, we can arrange a conference call.
Please advise whether you (or a partner) can be personally or
telephonically available. On Friday night (October 15),
Senator Harry Reid will deliver the keynote address. We can
try to arrange a meeting prior to Senator Reid's speech
from 4 to 5 P.M. Chris Hahn and I would like to discuss this
with you. I can be reached at (949) 496-5918. Chris Hahn can
be reached at (805) 560-8942.
We look forward to your support and leadership. We
acknowledge that we are asking you to venture into uncharted
waters. But who better to advocate a benevolent change to the
status quo than the very lawyers who know first-hand that a
cancer claimant's first priority is more life?
You have the power to help eradicate this terrible disease.
I am enclosing for your review MARF's proposal to the
National
Gypsum Asbestos Victims Trust, which explains in detail
MARF's efforts to fund medical research, our targeted
grant solicitation and peer-review mechanisms, and MARF's
enthusiastic roadmap for medical relief for present and
future mesothelioma victims.
Sincerely,
Roger G. Worthington
Founding Director
Enclosures
Distribution List:
Peter Angelos, Esq.
Steve Baron, Esq.
Matthew Bergman, Esq.
Bryan O. Blevins, Esq.
Al Brayton, Esq.
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Russell Budd, Esq.
John Cooney, Esq.
James Early, Esq.
Theodore Goldberg, Esq.
Steve Kazan, Esq.
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Michael Kelly, Esq.
Bob Komitor, Esq.
Peter Kraus, Esq.
Joseph F. Rice, Esq.
Perry Weitz, Esq.
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cc: Elihu Inselbuch, Esq.
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