|
ADMIRAL ZUMWALT & CONSULTANTS, INC.
1831 Wiehle Avenue
Suite 103
Reston, Virginia 20190
Tel: (703) 478-0707
Fax: (703) 437-6182
July 18, 2005
To Whom It May Concern:
I would like to believe
the motivation behind the FAIR Act, seeking a universal solution to
the problem of compensating and assisting those asbestos victims most
in need, is one of taking action in the best interests of these
victims. Even if one were to accept such a precept, one cannot, in
good conscience, endorse the legislation for reasons that suggest
their best interests are not being served. As one who can bear
witness to the battle fought and lost by a family member to the most
deadly of the asbestos-related diseases, mesothelioma, I feel I am
somewhat more sensitized to the issue than others may be.
My late father,
Admiral E. R. Zumwalt, Jr., a Navy veteran
whose service transcended three wars, died of mesothelioma in January
2000. His will to live simply was unable to overcome the deadly
disease that would eventually claim his life spirit. Had he survived,
I know he would have led the fight for other veterans suffering from
asbestos-related diseases to maximize care, assistance and
compensation for them—just as he had led the fight to do so decades
earlier on behalf of veterans exposed to Agent Orange after the death
of my brother. As my father is not around to lead this charge, I am
compelled to participate in it to ensure both those who drafted the
FAIR Act and those asbestos victims who may feel pressured to accept
something in hand now really understand the full impact of the
consequences of this legislation.
If one disregards the
fact that those most responsible for this tragedy by manufacturing an
inherently dangerous product:
-
will be relieved of full accountability for their actions;
-
will have enjoyed enormous profits from the sale of this
product;
-
have manufactured it knowing full well for more than a century
it was poisonous;
-
will benefit from this legislation at the expense of the
American taxpayer who will be left to bear a significant financial
burden;
-
will have escaped full accountability for putting at risk
veterans who unwittingly believed the only dangers facing them lay on
the other side of the battlefield—only to learn otherwise years later
as a third of all mesothelioma cases have been determined to be
connected to military service;
-
will—if history for such compensatory funds repeats itself—have
no further accountability when the fund goes broke;
there are still reasons
the name of the FAIR Act is a misnomer. First, the cost of medical
treatment given my father the last few months of his life was quickly
approaching the $1,000,000 mark—and would have surpassed that had his
suffering not been mercifully cut short. While he was both an older
victim and one whose survivability period was on the short end of the
estimated 6-18 month post-diagnosis timeframe, his medical costs would
have quickly exceeded the $1,100,000 cap the FAIR Act sets. Second,
it is absolutely critical mesothelioma research be funded, not only to
assist those already diagnosed but thousands of others not yet
identified. Legislators had promised such funding would be mandated.
This has proven to be a false promise. Third, since it is clear
asbestos cancer is service-connected, the Department of Defense and
Department of Veterans Affairs need to be directed to create a
mesothelioma treatment program for veterans.
I fully appreciate the
concerns and frustrations involved in trying to cap the abyss of
asbestos litigation. However, if this is going to be done right, it
must be done in a way that reasonably maximizes the interests of those
who fought so valiantly to preserve the interests of businesses that
now seek to avoid full accountability to them. Anything less than
this is simply UNFAIR.
Sincerely
James G. Zumwalt
Vice President |
PATIENT PROFILES
