April 12, 2004

Dear Friends,

I'm asking for your help on a political issue that has an immediate bearing on me and my family.  Most of you are already aware that I was recently diagnosed with a very rare, low-grade form of mesothelioma, the cancer that is caused by asbestos exposure.  (If this is the first you're hearing of it, I apologize for telling you this way, but the urgency of the situation requires fast action.)  First, let me tell you that I'm composing this message entirely on my own, except for the attachments below.  I'm telling you some of what I've been forced to learn in the past few months.

The asbestos-related industry has been hard-hit by liability lawsuits, many of which are class-action suits filed by "ambulance-chasers."  Most of the plaintiffs do not show any signs of disease, only the presence of asbestos in their systems.  Most of them will never develop cancer.  These lawsuits are draining corporate resources away from those who are really ill.  And a number of companies have gone bankrupt as a result.  That's the side of the story that certain people in Congress want you to hear, but it's not the whole story.

Rather than solving the problem in a way that protects the victims, Congress is about to commit a travesty.  Under heavy lobbying by big companies, Sen. Hatch and others last year introduced a bill, S. 1125, the so-called Fairness in Asbestos Injury Resolution Act (FAIR Act) of 2003.  This bill would have stopped all pending and future lawsuits and set up a Federal trust fund of $114 billion, to which victims could apply for relief.  Unfortunately, with 300,000 current victims and 10,000 deaths per year attributable to asbestos, and the caseload expected to increase through at least 2050, this fund would have run out of money in short order.  Companies would be protected, but victims would have absolutely no recourse for help with medical bills, nor any compensation for their disability, suffering or loss of life.

Bad enough, but at the last minute, Senators Frist and Hatch have replaced S. 1125 with an even worse bill, S. 2290, the so-called Fairness in Asbestos Injury Resolution Act (FAIR Act) of 2004, that is even worse!  You can read some details below.  Not only would this bill provide even less funding for the trust, it would set aside existing court settlements!  This bill is coming up for a vote on April 19th, driven on a fast track by Majority Leader Frist.

This bill is not the right solution.  It is a gift to companies like Halliburton, which itself will realize a $3.6 billion windfall.  This isn't justice, it's corporate profiteering.

A more fair solution would be to create a way for the courts to guide cases so that victims who are actually ill can maintain the right to seek compensation and can have priority in any settlements.  The industry's not interested in that, nor are certain senators.  You can read Orrin Hatch's comments here:

http://hatch.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=1017&Month=4&Year=2004

For a different and probably more realistic view, see this article, for example:  http://www.startribune.com/stories/587/4668236.html.

The companies involved have profited from the suffering of employees and even members of the public.  They knowingly hid the hazards of asbestos for decades.  Now they're trying to skip out on their responsibility and stick the taxpayers with the remaining bills.  And instead of making a commitment to help victims and to fund research into treatments and cures, they choose to defend themselves vigorously in the face of their known guilt.  That's why the amount of money going to attorneys is so high!  Imagine if the $60 billion spent by industry on litigation defense had been spent on treatments and cures!

I'm "lucky" apparently.  I expect to live for years, although I'm uncertain today what kind of treatment I will have to undergo, or how long I will be able to maintain my quality of life.  Others aren't as fortunate, often dying an agonizing death just months after diagnosis and painful treatment.

Please help me to keep Congress from turning its back on the millions of Americans who will suffer and die from asbestos-related diseases.  Please call your senators and tell them to VOTE AGAINST S. 2290, THE FAIRNESS IN ASBESTOS INJURY RESOLUTION ACT (FAIR ACT) OF 2004.  You'll find a central phone number below.  You can find more information at www.mesothel.com. 

Lastly, there is also a bill pending before the senate that would ban all use of asbestos in products.  Believe it or not, such a ban has never been put in place.  I understand that the EPA proposed such a ban some time ago, but that it was blocked by the Bush Administration.  So, please ask your senators to VOTE FOR S. 1115, THE BAN ON ASBESTOS!  You may save the life of one of your children, or one of their children, or even yourself.  Maybe even the great-grandchildren of senators Frist and Hatch, even though they don't seem to care!

Remember:  NO ON S. 2290, YES ON S. 1115 !

Thanks!
Paul

March 11, 2004

Sen. Harry Reid
528 Hart Senate Office Building
Washington DC 20510

Dear Senator Reid,

On behalf of my fellow mesothelioma patients, I want to thank you for your recent comments pertaining to SB1125.

I was diagnosed just recently as having a low-grade form of primary peritoneal mesothelioma. I've had almost 3 gallons of fluid removed from my body, and I'm in continuous pain.

I'm 53 years old, and now I see that the happy golden years I've been working for will not materialize. I may have a longer life than most patients, but I'm looking ahead to painful and expensive treatment, and severe impact on my family.

As a corporate executive myself, I'm well aware of the responsibility I have to my employees and those who do business with my company. In 30 years of managing, I have always believed in doing everything I can to protect the health and well-being of those around me. My guideline has always been, "Do what's right."

I find it disgusting and unacceptable that the businesses responsible for this scourge have chosen to spend tens of billions of dollars on their own defense, and almost nothing to help those they've knowingly wronged and injured. Now they're trying to escape accountability completely and dump the problem on the taxpayers and the victims. I can't imagine a more shameful scenario than our Government acquiescing to this crime. I call it a crime, because it amounts to stealing people's health, wealth, happiness, and lives in order to increase corporate profits.

Please continue to stand for the moral right in this debate. If this battle is lost, I wonder how America can ever claim any kind of moral leadership in the world.

Sincerely,

Paul S. Zygielbaum

February 22, 2004

Senator Dianne Feinstein
331 Hart Senate Office Building
Washington D.C. 20510-0504 

Fairness in Asbestos Injury Resolution Act

Dear Senator,

A month ago, I was diagnosed with primary peritoneal mesothelioma, and I'm writing to inform you of my anger at learning of S.1125, the so-called Fairness in Asbestos Injury Resolution Act. This bill would limit the ability of people like me to seek just compensation from those companies that caused this disease through their negligence or willful misconduct.

In my early career, I was a research project manager in the US electric utility industry and also worked as a power plant engineer, helping to build our nation's energy resources and options. Now I'm in my early 50's, and I'm suffering debilitation and pain, I've been through numerous medical tests and surgical procedures, and I'm facing chemotherapy and a future of frequent visits to the hospital to have fluid removed from my abdomen. I'm bearing medical, travel and other expenses, as well as unpaid absences from work. I'm contemplating the likelihood that I will not be able to work much longer. My hope for an enjoyable retirement with my wife has dimmed.

I urge you to oppose S.1125. It is legislation that would hurt some 300,000 hard-working Americans, including me, who are sick and dying from asbestos-related illnesses.

I understand that the incidence of asbestos-caused mesothelioma will continue to increase for decades. I also understand that the projected $108 billion trust fund the bill sets up to compensate victims and their families may not have enough money to cover all claims. I would hardly call that "fairness."

On the contrary, this bill is most unfair to the victims of these awful illnesses. An inadequately funded trust fund would be the final insult for these sick and dying Americans to bear. It would be a slap in the face to people like me, who helped to build this nation's infrastructure.

Please do the right thing and oppose this legislation.

Sincerely,

Paul S. Zygielbaum
Santa Rosa, California

*** POSTED ON FEBRUARY 26, 2004 ***

• Click here for more letters from asbestos cancer survivors taking action against inhumane asbestos trust/bail out bill (SB 1125)