April 18, 2005

Senator’s Name

             Re:      Preserve our Civil Rights, Hold Mass Polluters Accountable, Vote NO on unFAIR Asbestos Bail Out Bill

Dear Senator ______:

I am writing to you today on behalf of asbestos victims across the country.  As someone affected by asbestos poisoning, I am concerned that the asbestos legislation proposed by Senator Specter will not solve the asbestos problem in the United States.

Senator Specter's asbestos bill does not provide enough funding for current and future asbestos victims.  The proposed funding of $140 billion is far too low to fairly compensate victims for medical costs, loss of wages, and pain and suffering.  Even the Congressional Budget Office has confirmed this fact.

In addition, this bill will take away my legal rights by forcing my claim out of the court system and into a new and untested federal bureaucracy.  If the fund fails, I can re‑file my claim in the court system, but then I have to pay for legal costs all over again.  I am in no position to pay for much of anything having incurred so much debt from medical bills.  Not only will I have to spend more money if I return to court, I will face newly imposed legal restrictions in the court system. 

Asbestos is not banned in this country yet the legislation assumes that asbestos exposure is no longer a problem in the United States.  Federal agencies such as the EPA and OSHA, have determined that millions of people are still being exposed and may become sick as a result 10 to 50 years from now.  However, the bill leaves out the future asbestos victims who do not fit within the unrealistic exposure criteria including all of those exposed after an arbitrary date.  The trust fund also ignores victims who became sick while doing home repairs and remodeling as well as their own automotive maintenance.  Those of us who have practiced self‑reliance and unknowingly exposed ourselves to asbestos will be denied access to compensation if we become sick.

I agree that we need to deal with the overwhelming backlog of people who feel they have been exposed to asbestos but are not yet very sick.  However, I do not think the trust fund is the best choice. I support a medical criteria/registry approach that will solve the asbestos litigation crisis in the U.S. while remaining fair to current and future asbestos victims.  This approach allows victims access to the existing state court system to resolve asbestos claims, but requires those suing to satisfy medical tests before their claims can be taken to court.  Those who do not meet the medical standards do not lose their right to sue, but are listed on a "registry" until they meet the standards. 

I urge you to consider the medical criteria/registry approach as a solution to the asbestos problem rather than the trust fund approach.  The solution should be about helping the victims first, not the asbestos companies.  The federal government recently indicted W.R. Grace, infamous for the Libby, Montana tragedy.  With sad irony, W.R. Grace will get their day in court, whereas I am forced to give up my legal rights afforded to me as a hard‑working American.

As an honorable man(woman) of conviction and foresight I urge you, my Senator and advocate, to scrutinize the shortfalls and problems with the proposed asbestos trust fund in the detailed analysis that I have included with my letter

Respectfully,

(Wife of, etc) Another Asbestos-Poisoned American