By JAMES G. ZUMWALT

http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/04/25/build/opinion/35-asbestosop.inc

While our servicemen and women have been fighting the war against terrorism, some members of Congress have been working to undermine veterans' rights. At a time when our men and women in uniform have been sent in harm's way, serving in far off battlefields, Congress should be working to increase - not decrease - their rights.

However, some U.S. senators have decided to act now to undertake just such an effort - one to reduce and delay compensation claims for victims of an incurable disease directly related to their service to country - mesothelioma, a disease linked to exposure to asbestos from Navy ships and/or shipyards.

What Congress is attempting to do is unconscionable.

The legislation being considered, while harming veterans suffering from this fatal disease, would shield from further liability the very companies responsible for having knowingly manufactured a dangerous product - after making billions of dollars for doing so. Veterans, who believed the only risk they faced was the enemy, will suffer the consequences of this legislation while the corporations responsible for their physical suffering will receive an enormous windfall.

This legislation is known as the FAIR Act, for Fairness in Asbestos Injury Resolution. However, the bill is anything but fair. It would establish a victim fund to which insurance and asbestos companies would be required to contribute. But those at fault would pay only a fraction of what they would be forced to pay through the tort system, leaving all victims either under-compensated or not compensated at all.

Many veterans would be unable to pay for medical costs, which are often inordinately high due to the meso victim's long and painful death process - with few, if any, recovering for their pain and suffering. Even worse because of a lack of money on the front end, this fund will delay compensation to asbestos victims for as long as eight years.

Historically, many victims' funds have gone bankrupt within the first 10 years, including the Black Lung Fund, bankrupt from the day it was established.

The horrible reality of death by asbestos poisoning came to my attention when my father, Adm. Elmo Zumwalt Jr., was diagnosed with mesothelioma, taking his life six months later. This disease is unlike other types of lung cancer. The medical community is in agreement that it is has but one cause, the inhalation of asbestos particles, and is irreversible.

My father was exposed to asbestos at some point in his naval career, while honorably serving his country during three wars. He, like many others, was diagnosed decades later. One of the most insidious things about mesothelioma is its ability to lie dormant within its victim for up to 30 years or more.

My family watched in despair as my father's health deteriorated dramatically within months of his diagnosis. A vibrant member of the retired military community for years prior to his diagnosis, he advocated a better quality of life for his sailors after having worked hard during his active service to restore a sense of mission and fairness to his beloved Navy.

He also worked diligently during his later years in life to lobby politicians to compensate veterans suffering from Agent Orange-related cancers. His efforts led to President Clinton's decision to make such cancers compensable by the Department of Veterans Affairs.

As we continue to look to our military to fight the war against terrorism, this is a particularly critical time for our leaders to work on behalf of mesothelioma victims and their families - not on behalf of the corporations whose greedy and reckless conduct is responsible for their suffering.

Those recognizing the unfairness of the FAIR Act should encourage their senators to vote no on it. Failure to do so will be an insult to our veterans.

James G. Zumwalt is the son of Adm. Elmo Zumwalt Jr. Readers may write to him at 1831 Wiehle Avenue, No. 103, Reston, Va. 20190.

*** POSTED ON APRIL 26, 2004 ***

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