June 1, 2005

Mrs. Peggy McShane
La Crescenta, California 

Dear Mrs. McShane:

Thank you for contacting me to express your opposition to S. 852, the Fairness in Asbestos Injury Resolution Act, the so-called FAIR Act of 2005.  I am opposed to S. 852, and I share your concerns about this flawed legislation.

To compensate victims of asbestos exposure, S. 852 would create a trust fund through contributions from companies and insurers, who would in turn be protected from legal liability.  S. 852 would also establish an Office of Asbestos Disease Compensation within the Department of Labor, which would be responsible for managing the trust fund and processing claims for compensation for asbestos-related injuries.

I believe that some reform of how asbestos injury claims are processed is needed; however, this bill contains too many fatal flaws.  There is no guarantee that the trust fund would remain solvent, and the amounts it would pay out to victims are too low.  I understand the severity of asbestos-related illnesses such as mesothelioma, and I believe that victims deserve  to be compensated for the hardships and health consequences they and their families must endure.  Even pending cases would be swept aside by S. 852, and those victims would be left to start the claims process all over again.  This is unfair and allows at-fault companies to shirk their responsibility.

Again, thank you for sharing your concerns with me.  Please know that I will continue to monitor this bill closely, and I will work to ensure that victims are protected in the asbestos claims process.

Sincerely,

Barbara Boxer
United States Senator

Click here for letters from asbestos cancer survivors taking action against inhumane asbestos trust/bail out bill (SB 852)