83 Year Old Mesothelioma
Patient Endorses Medical Criteria Bill Approach to Asbestos Docket Clog
This is a letter from an 83 year
old patient with malignant mesothelioma who resides in Rockland, Maine,
which he sent to Senators Snowe and Collins, on June 3, 2005. You are
encouraged to write similar letters to your U.S. Senators.
Senators Olympia Snowe and Susan
Collins:
Dear [recipient name was inserted
here],
Dr. Sugarbaker and Dr Zellos
(Brigham and Womens Hospital) performed a pleurectomy to remove cancerous
tumors with repairs to my pericardium, aorta and diaphragm. My exposure
to asbestos has been life long: Welding at Bath Iron Works, Merchant
Marine Convoy Ships during WW11 (6 roundtrips across the Atlantic) and a
career in the Automotive parts sales that exposed me daily to asbestos
through products such as grinding brake shoes to fit newly turned brake
drums and picking up from customers used brake shoes and used clutch
discs.
I had enjoyed very good health
until the onset of mesothelioma and I know through family history that had
I not been exposed to asbestos I would have aged without the pain and
suffering of this frightening and debilitating disease acquired by no
fault of my own. I favor restitution through private attorneys because the
trust fund proposes lengthy bureaucratic finagling that I do not have the
privilege of time to reach a satisfactory settlement. 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.
$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.
Sincerely,
PATIENT PROFILES
