WASHINGTON
- Two Wisconsin women whose husbands have asbestos-related
cancer came to Capitol Hill Thursday, lobbying against legislation that
would establish a settlement fund to shield companies from further
asbestos lawsuits.
Wendy Stoeckler of Fort Atkinson and Kathy
Marshall of Waukesha were among dozens of people from around the country
in town to urge their lawmakers to oppose the bill.
The legislation would set up a trust fund
of $114 billion to compensate victims of asbestos, which causes cancer and
other illnesses. The fund would be paid for by corporations that used
asbestos and their insurance companies.
The use of asbestos has fallen sharply
since the 1970s, after it was linked to cancer. The heat-resistant
material is found in insulation, roofing tiles and brakes.
"I believe that everybody who is losing
their life should have their day in court," said Stoeckler, whose husband, Chris Stoeckler, was diagnosed with
mesothelioma, a fatal lung cancer, on Dec. 31, 2001, after years of
working as a brake mechanic.
She also expressed concern that the fund
would not provide enough money to pay all victims and could derail her
family's pending settlement, which she declined to discuss. Stoeckler, 40,
said her 41-year-old husband is deteriorating rapidly.
Marshall, 55, said her family had received
money to compensate her husband, Keith Marshall,
47, who was diagnosed with mesothelioma on March 13, 2002.
Because of the settlement, which Marshall
said she was not allowed to discuss, the bill won't affect her family
directly. But she said she was philosophically opposed to taking away
other victims' right to sue.
Marshall said her husband likely was
exposed to asbestos from his father, who worked around asbestos as an
engineer, and from working at a plant as an adult. Marshall said her
husband is "doing quite well ... There's always hope."
Marshall's trip was paid for by her law
firm, the Lanier Firm of Houston. Stoeckler said she didn't know who paid
for her trip. The media availability where the women spoke was held by the
Association of Trial Lawyers of America.
The women met with Wisconsin Sens. Herb
Kohl and Russ Feingold, both Democrats. Kohl said he opposed the bill
because he didn't think the size of the fund was adequate, but was still
hopeful for a compromise. Feingold didn't immediately return a phone
message.
A recent study by the Environmental Working
Group found Wisconsin ranks 16th in the United States in deaths from
asbestos-related diseases. At least 716 Wisconsin residents have died from
asbestos exposure since 1979, the report said.
The U.S. Chamber of Commerce, which
represents businesses, supports the legislation. Lisa Rickard, president
of the chamber's Institute for Legal Reform, said the law would provide
the necessary money to compensate victims.
She said awards would range from $1 million
to those suffering from mesothelioma, down to $20,000 for people who have
a nonmalignant disease, such as asthma, that may or may not have been
caused by asbestos exposure.
"What we're doing here is coming up with a
system that allows everybody quick access to the system and compensation
based on how ill they are," she said, noting courts are clogged with
asbestos cases.
The sponsor of the asbestos bill, Sen.
Orrin Hatch, R-Utah, made a push for the bill in a Senate speech earlier
this month.
"It has become quite evident to my
committee that tens of thousands of true asbestos victims are faced with
agonizing pain and suffering with uncertain prospects of a meaningful
recovery in our existing tort system," said Hatch, chairman of the
Judiciary Committee.
He said the bill was needed to ensure that
sick people get fairly compensated, and to prevent litigation that is
leading to a "tidal wave of bankruptcies."