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An Open Letter from Jim Grogan of the Asbestos
Workers Union Regarding S. 852 the "Fairness in
Asbestos Injury Resolution Act of 2005 (FAIR Act)"
Recently, a daughter of one of our members was
diagnosed with mesothelioma, an extremely aggressive cancer of the outside
lining of the lung or stomach wall whose only known cause in the U.S. is
exposure to asbestos. Her exposure to asbestos probably came from just
living in the house of an insulator or asbestos worker, as asbestos would
be brought in on a worker’s clothes and shoes.
In recent days, since the Asbestos Bill (S.852) has
been introduced, there has been talk in press releases from industry and
insurance sponsored groups that suggest that industry is somehow a victim.
They have it wrong. Asbestos disease was preventable, but Industry,
Insurance Companies, and even our Federal Government found reasons to
hide, suppress, or minimize the dangers of exposure to asbestos for
decades.
Asbestos is odorless and tasteless. So when people
work with products that contain asbestos fibers (or when they were exposed
at home), they don’t even know they are getting injured. Asbestos fibers
that get into the lungs are invisible. Asbestos disease does not show up
in many people until 15-40 or more years after exposure.
Now those that suppressed or downplayed or hid the
information about the hazards of asbestos don’t want to take
responsibility for their outrageous misconduct. Consider, if you would,
the following:
From the 1930s through the 1970s Industry, Insurance
Companies, and Even Our Own Government Hid or Suppressed Information About
The Dangers of Asbestos
Industry knew in the 1930s and before that asbestos
had a toxic effect on humans; and knew by the 1930s that asbestos was
associated with lung cancer and death. By the 1950s the link between
asbestos and cancer was undisputed to industry medical directors and
scientists. See documents on opposite page.
Insurance companies knew in the 1930s and before that
those exposed to asbestos came to premature death, and some advised
against selling insurance to asbestos workers. Claims under workers
compensation and occupational disease acts showed an alarming trend.
Metropolitan Life, the Travelers, and a host of other insurance companies
realized that asbestos exposure was causing illness, disease, and death.
See Internal Travelers Insurance Company document to the left.
The Federal Government knew by 1918 that asbestos was
dangerous. Specifically, the Department of Labor wrote in June 1918: "in
the practice of American and Canadian life insurance companies asbestos
workers are generally declined on account of the assumed health-injurious
conditions of the industry." The title of this 1918 article was "Mortality
from Respiratory Diseases in Dusty Trades (Inorganic Dusts)." Later in the
1930s and 1940s the Federal Government published that U.S. shipyard
workers were coming down with asbestosis, a disease known at that time to
cause death in advanced stages. See U.S. Government document from 1918
below.
No one was more patriotic than those who were exposed
to asbestos dust while constructing, repairing, or living aboard Naval or
flagged ships. But if those who knew that asbestos was harmful would have
told us of the dangers, we would have taken measures to protect ourselves.
We wouldn’t have taken our asbestos laden clothes home and exposed our
families.
Asbestos Disease Continues at an Alarming Rate
Asbestos exposures that started in the 1950s are still causing asbestos
cancers and death today in record numbers. We have not even seen the full
crest of the thousands of asbestos deaths from exposures that started in
the 1960s, 1970s, 1980s and beyond.
The incidence of asbestos disease is not yet going
down. The asbestos manufacturers and their insurance companies want to
minimize forecasts of asbestos disease in the future. They don’t want to
put adequate funds in a Trust Fund today for asbestos disease and death
that will occur in the decades to come.
The Center for Disease Control confirms that in the
last two reportable years, the incidence of mesothelioma (the cancer whose
only known cause is asbestos) is averaging over 2,500 deaths in the U.S.
Asbestos will kill over 7,000 Americans each year for decades to come when
one considers mesothelioma, asbestos induced lung cancer, and disabling
asbestosis.
The Recent Explosion of Asbestos Claims and Lawsuits
for People Who Have No Breathing Problems or Impairment: The popular press
has reported the recent explosion of non-malignant asbestos claims or
lawsuits by persons without any breathing problems or impairment. This has
contributed, in a significant way, to the present asbestos claims that now
are some 600,000 or so in number.
Many have had to legitimately file their un-impaired
asbestos claim or lawsuit to stop the statute of limitations from running,
even though they are not now sick. Industry claims that there have been
some fraudulent practices regarding this explosion. In true catastrophes,
medical care is triaged. That is, those that are less sick give up their
place in line for those that are truly in need of medical care. In a
similar way, we believe a person who has no breathing problem from
asbestos (in technical terms, a person without impairment) should not be
paid under the asbestos Trust. They should be timely paid if and when they
develop some impairment, and they should be able to come back for
additional payment if their impairment gets worse. Some law firms
represent over 10,000 un-impaired asbestos claimants. Many un-impaired
asbestos claims have been said to average $100,000 or more.
Do the third grade math: 10,000 un-impaired claims
times $100,000 each would yield $1 Billion dollars. That $1 Billion would
go to a group of individuals who had no breathing problems or impairment
from asbestos! Claims managers for insurance carriers and industry are
rewarded for paying low amounts on large blocks of un-impaired claims,
because they keep a corporation’s average asbestos settlement down, which
in turn is reported to Wall Street. This practice must stop.
We believe there must be some objective medical
evidence or markers of asbestos exposure in order for a lung cancer claim
to qualify for payment under any Trust Fund established by
legislation--whether it be pleural thickening, calcification, underlying
asbestosis, or some elevated asbestos count in lung tissue. If lung cancer
claims without markers are to be considered in some cases, they should be
individually reviewed to determine the threshold question of whether
asbestos exposure was a cause of the lung cancer. CT scans should be able
to be used in making this determination. Since mesothelioma is a signal
cancer for asbestos exposure, and unrelated to tobacco or other industrial
carcinogens, no pleural markers are required.
So What’s New: Industry Wants a Bailout by Short
Changing the Value of a Life, and by Proposing Unsafe Work Practices for
Asbestos Removal in Public and Private Buildings: So why should a
catastrophic asbestos death be valued any differently than other
well-recognized insurance values? It has been estimated that a death case
in the United States, a case against a negligent or reckless individual
corporation that caused a death...is worth $2-3 Million or more. So why
should a catastrophic asbestos death be valued significantly less just
because industry profiteered for decades selling asbestos? We believe
industry and their insurance carriers are using a double standard to the
detriment of thousands who will die each year from asbestos disease caused
by reckless industrial conduct. And that’s wrong.
And do you think industry ever tries to influence
federal regulators? Recently, the popular press has reported efforts by
industry to shortcut safety regulations for asbestos removal. The Cow Town
Inn of Ft. Worth, Texas and the St. Louis Airport were recently involved
in a scandalous attempt to have our government approve an unsafe shortcut
for asbestos removal. And why do you suppose...for safety’s sake, or for
the sake of the almighty dollar. The AFL-CIO, many affiliates including
the Asbestos Workers, and trial attorneys gave of their time and effort to
stop this un-tested and dangerous practice.
Who Will Pay this $140-150+ Billion Liability Under
this Proposed Legislation? The proposed Asbestos Bill does not name the
corporations, insurance companies, or reinsurance companies who will pay.
We have asked numerous times for the names of those entities who will be
responsible for the successful funding of the Asbestos Trust, but
conferees on behalf of industry and insurance have refused such a
disclosure. Before being able to support any such national legislation,
the identities of the parties and their participation levels must be
disclosed.
A recent review of the death certificates of the
Asbestos Workers does not support the claim of industry that the incidence
of asbestos disease is going down. Now daughters of asbestos workers are
coming down with mesothelioma from exposures in the 1960s and 1970s.
Significant exposures to asbestos that started in the 1970s and 1980s have
not even started to show the full extent of mesothelioma deaths we are
told are certain to come. We need real teeth in this bill to prevent
industry from needlessly exposing another generation to asbestos in the
workplace.
We support a legislative solution to the Asbestos
Compensation Crisis. But victims of asbestos disease must not be
victimized again by passage of legislation that is unfair. Timely and full
payments must be made to asbestos victims. If that cannot be accomplished,
access to appropriate state court forums must be preserved. Specifically,
there must be a speedy return to the tort system if the Trust fails to
timely meet its obligations.
There must be adequate upfront money paid to the
Trust by Insurance and Industry so the Trust can timely pay true victims
of asbestos. And our own Federal Government must take responsibility for
their own part in suppressing information about the hazards of asbestos by
guaranteeing any shortfall to the Trust.
It is only in this way that we could face a young
woman today (or a young man tomorrow) and tell them we supported this
legislation because it was fair and equitable and properly funded.
There may be more than a few special interest
groups--including those who refuse to participate in the Trust
Fund--seeking to derail the bi-partisan efforts of Senator Specter and
Senator Leahy to bring some sense of proportion and equity to the asbestos
crisis. To be sure, the Bill needs some additional and important work that
could be addressed during and after initial markup.
We will continue in a constructive way to see if a
fair, equitable, and adequately funded Bill can be passed. If not, we will
fight for the right of any asbestos victim--union or nonunion--to a trial
by a jury of their peers in an appropriate State Court.
Fundamental fairness demands no less, and neither do
we.
James A. Grogan, General President
International Association of Heat and Frost Insulators and Asbestos
Workers
- Click here for more letters
from asbestos cancer survivors taking action against inhumane asbestos
trust/bail out bill (SB 852)
*** POSTED ON
MAY 11, 2005 *** An Open Letter from Jim Grogan of the Asbestos
Workers Union Regarding S. 852 the "Fairness in
Asbestos Injury Resolution Act of 2005 (FAIR Act)"
Recently, a daughter of one of our members was
diagnosed with mesothelioma, an extremely aggressive cancer of the outside
lining of the lung or stomach wall whose only known cause in the U.S. is
exposure to asbestos. Her exposure to asbestos probably came from just
living in the house of an insulator or asbestos worker, as asbestos would
be brought in on a worker’s clothes and shoes.
In recent days, since the Asbestos Bill (S.852) has
been introduced, there has been talk in press releases from industry and
insurance sponsored groups that suggest that industry is somehow a victim.
They have it wrong. Asbestos disease was preventable, but Industry,
Insurance Companies, and even our Federal Government found reasons to
hide, suppress, or minimize the dangers of exposure to asbestos for
decades.
Asbestos is odorless and tasteless. So when people
work with products that contain asbestos fibers (or when they were exposed
at home), they don’t even know they are getting injured. Asbestos fibers
that get into the lungs are invisible. Asbestos disease does not show up
in many people until 15-40 or more years after exposure.
Now those that suppressed or downplayed or hid the
information about the hazards of asbestos don’t want to take
responsibility for their outrageous misconduct. Consider, if you would,
the following:
From the 1930s through the 1970s Industry, Insurance
Companies, and Even Our Own Government Hid or Suppressed Information About
The Dangers of Asbestos
Industry knew in the 1930s and before that asbestos
had a toxic effect on humans; and knew by the 1930s that asbestos was
associated with lung cancer and death. By the 1950s the link between
asbestos and cancer was undisputed to industry medical directors and
scientists. See documents on opposite page.
Insurance companies knew in the 1930s and before that
those exposed to asbestos came to premature death, and some advised
against selling insurance to asbestos workers. Claims under workers
compensation and occupational disease acts showed an alarming trend.
Metropolitan Life, the Travelers, and a host of other insurance companies
realized that asbestos exposure was causing illness, disease, and death.
See Internal Travelers Insurance Company document to the left.
The Federal Government knew by 1918 that asbestos was
dangerous. Specifically, the Department of Labor wrote in June 1918: "in
the practice of American and Canadian life insurance companies asbestos
workers are generally declined on account of the assumed health-injurious
conditions of the industry." The title of this 1918 article was "Mortality
from Respiratory Diseases in Dusty Trades (Inorganic Dusts)." Later in the
1930s and 1940s the Federal Government published that U.S. shipyard
workers were coming down with asbestosis, a disease known at that time to
cause death in advanced stages. See U.S. Government document from 1918
below.
No one was more patriotic than those who were exposed
to asbestos dust while constructing, repairing, or living aboard Naval or
flagged ships. But if those who knew that asbestos was harmful would have
told us of the dangers, we would have taken measures to protect ourselves.
We wouldn’t have taken our asbestos laden clothes home and exposed our
families.
Asbestos Disease Continues at an Alarming Rate
Asbestos exposures that started in the 1950s are still causing asbestos
cancers and death today in record numbers. We have not even seen the full
crest of the thousands of asbestos deaths from exposures that started in
the 1960s, 1970s, 1980s and beyond.
The incidence of asbestos disease is not yet going
down. The asbestos manufacturers and their insurance companies want to
minimize forecasts of asbestos disease in the future. They don’t want to
put adequate funds in a Trust Fund today for asbestos disease and death
that will occur in the decades to come.
The Center for Disease Control confirms that in the
last two reportable years, the incidence of mesothelioma (the cancer whose
only known cause is asbestos) is averaging over 2,500 deaths in the U.S.
Asbestos will kill over 7,000 Americans each year for decades to come when
one considers mesothelioma, asbestos induced lung cancer, and disabling
asbestosis.
The Recent Explosion of Asbestos Claims and Lawsuits
for People Who Have No Breathing Problems or Impairment: The popular press
has reported the recent explosion of non-malignant asbestos claims or
lawsuits by persons without any breathing problems or impairment. This has
contributed, in a significant way, to the present asbestos claims that now
are some 600,000 or so in number.
Many have had to legitimately file their un-impaired
asbestos claim or lawsuit to stop the statute of limitations from running,
even though they are not now sick. Industry claims that there have been
some fraudulent practices regarding this explosion. In true catastrophes,
medical care is triaged. That is, those that are less sick give up their
place in line for those that are truly in need of medical care. In a
similar way, we believe a person who has no breathing problem from
asbestos (in technical terms, a person without impairment) should not be
paid under the asbestos Trust. They should be timely paid if and when they
develop some impairment, and they should be able to come back for
additional payment if their impairment gets worse. Some law firms
represent over 10,000 un-impaired asbestos claimants. Many un-impaired
asbestos claims have been said to average $100,000 or more.
Do the third grade math: 10,000 un-impaired claims
times $100,000 each would yield $1 Billion dollars. That $1 Billion would
go to a group of individuals who had no breathing problems or impairment
from asbestos! Claims managers for insurance carriers and industry are
rewarded for paying low amounts on large blocks of un-impaired claims,
because they keep a corporation’s average asbestos settlement down, which
in turn is reported to Wall Street. This practice must stop.
We believe there must be some objective medical
evidence or markers of asbestos exposure in order for a lung cancer claim
to qualify for payment under any Trust Fund established by
legislation--whether it be pleural thickening, calcification, underlying
asbestosis, or some elevated asbestos count in lung tissue. If lung cancer
claims without markers are to be considered in some cases, they should be
individually reviewed to determine the threshold question of whether
asbestos exposure was a cause of the lung cancer. CT scans should be able
to be used in making this determination. Since mesothelioma is a signal
cancer for asbestos exposure, and unrelated to tobacco or other industrial
carcinogens, no pleural markers are required.
So What’s New: Industry Wants a Bailout by Short
Changing the Value of a Life, and by Proposing Unsafe Work Practices for
Asbestos Removal in Public and Private Buildings: So why should a
catastrophic asbestos death be valued any differently than other
well-recognized insurance values? It has been estimated that a death case
in the United States, a case against a negligent or reckless individual
corporation that caused a death...is worth $2-3 Million or more. So why
should a catastrophic asbestos death be valued significantly less just
because industry profiteered for decades selling asbestos? We believe
industry and their insurance carriers are using a double standard to the
detriment of thousands who will die each year from asbestos disease caused
by reckless industrial conduct. And that’s wrong.
And do you think industry ever tries to influence
federal regulators? Recently, the popular press has reported efforts by
industry to shortcut safety regulations for asbestos removal. The Cow Town
Inn of Ft. Worth, Texas and the St. Louis Airport were recently involved
in a scandalous attempt to have our government approve an unsafe shortcut
for asbestos removal. And why do you suppose...for safety’s sake, or for
the sake of the almighty dollar. The AFL-CIO, many affiliates including
the Asbestos Workers, and trial attorneys gave of their time and effort to
stop this un-tested and dangerous practice.
Who Will Pay this $140-150+ Billion Liability Under
this Proposed Legislation? The proposed Asbestos Bill does not name the
corporations, insurance companies, or reinsurance companies who will pay.
We have asked numerous times for the names of those entities who will be
responsible for the successful funding of the Asbestos Trust, but
conferees on behalf of industry and insurance have refused such a
disclosure. Before being able to support any such national legislation,
the identities of the parties and their participation levels must be
disclosed.
A recent review of the death certificates of the
Asbestos Workers does not support the claim of industry that the incidence
of asbestos disease is going down. Now daughters of asbestos workers are
coming down with mesothelioma from exposures in the 1960s and 1970s.
Significant exposures to asbestos that started in the 1970s and 1980s have
not even started to show the full extent of mesothelioma deaths we are
told are certain to come. We need real teeth in this bill to prevent
industry from needlessly exposing another generation to asbestos in the
workplace.
We support a legislative solution to the Asbestos
Compensation Crisis. But victims of asbestos disease must not be
victimized again by passage of legislation that is unfair. Timely and full
payments must be made to asbestos victims. If that cannot be accomplished,
access to appropriate state court forums must be preserved. Specifically,
there must be a speedy return to the tort system if the Trust fails to
timely meet its obligations.
There must be adequate upfront money paid to the
Trust by Insurance and Industry so the Trust can timely pay true victims
of asbestos. And our own Federal Government must take responsibility for
their own part in suppressing information about the hazards of asbestos by
guaranteeing any shortfall to the Trust.
It is only in this way that we could face a young
woman today (or a young man tomorrow) and tell them we supported this
legislation because it was fair and equitable and properly funded.
There may be more than a few special interest
groups--including those who refuse to participate in the Trust
Fund--seeking to derail the bi-partisan efforts of Senator Specter and
Senator Leahy to bring some sense of proportion and equity to the asbestos
crisis. To be sure, the Bill needs some additional and important work that
could be addressed during and after initial markup.
We will continue in a constructive way to see if a
fair, equitable, and adequately funded Bill can be passed. If not, we will
fight for the right of any asbestos victim--union or nonunion--to a trial
by a jury of their peers in an appropriate State Court.
Fundamental fairness demands no less, and neither do
we.
James A. Grogan, General President
International Association of Heat and Frost Insulators and Asbestos
Workers
- Click here for more letters
from asbestos cancer survivors taking action against inhumane asbestos
trust/bail out bill (SB 852)
*** POSTED ON
MAY 11, 2005 *** |
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