By Dick Armey
Last month, The Washington Examiner correctly editorialized that the
"asbestos feeding frenzy must end," because runaway asbestos litigation is
destroying jobs and not aiding real victims. However, The Examiner's
suggested solution Sens. Arlen Specter, R-Penn., and Patrick Leahy's, D-Vt.,
proposed Asbestos Trust Fund program is not the answer.
Congress should instead pass Rep. Chris Cannon's medical criteria
legislation, which is a principled approach that addresses the problem in
our courts.
Asbestos litigation is devastating the court system. In its May 10
editorial, The Examiner correctly stated that, of the hundreds of thousand
of pending asbestos claims, "only a fraction of claimants … are suffering
from serious illness."
Fortunately, House conservatives, led by Reps. Mike Pence, R-Ind., Jeff
Flake, R-Ariz. and Cannon, R-Utah, have the courage to stand up and offer
an alternative solution that fixes the underlying problem.
Our court system is broken and rather than abandon it altogether, as
Sen. Specter proposes, Reps. Cannon, Pence and Flake have authored
legislation to fix the courts by implementing real medical criteria
standards for asbestos cases.
On April 28, they introduced H.R. 1957, the "Asbestos Compensation
Fairness Act of 2005," and the bill now has 54 additional cosponsors.
That's an impressive show of support.
The Cannon-Pence-Flake legislation addresses the litigation crisis by
requiring claimants to meet medical standards based primarily on the
American Medical Association's Guides for the Evaluation of Permanent
Impairment, as well as elements of standards recently approved by the
American Bar Association.
These are neutral, objective standards that make certain that only
claimants who are physically impaired as a result of asbestos exposure can
bring or maintain a civil suit for damages.
H.R. 1957 further protects real victims by extending the statute of
limitations workers with asbestos exposure, but no illness, would no
longer be forced to file premature lawsuits in order to protect their
claim.
The Cannon-Pence-Flake medical criteria would allow the courts to
prioritize cases and ensure that real victims receive full compensation.
It's a rational approach that protects both actual victims and American
businesses and workers.
The business community is rightly desperate for a solution to the
asbestos crisis and some have been supporting the Specter-Leahy Trust Fund
because it had seemed like the best way to move the process forward. But
now that Cannon, Pence and Flake have introduced H.R. 1957, conservative
support is swinging behind this practical, principled approach.
It's still going to be a difficult fight to overcome the powerful trial
lawyer lobby in the U.S. House, but House conservatives are well
positioned to lead the fight.
Cannon is chairman of the Subcommittee on Commercial and Administrative
Law for the Judiciary Committee, the key committee of jurisdiction, and
his colleagues in the conservative Republican Study Committee are
increasingly flexing their muscles on issues of core Republican principle.
Does the GOP definition of tort reform mean new taxes and government
programs? Or should it mean fixing our broken courts?
Cannon, Pence and Flake are right: Let's fix the underlying legal problem,
not create a new tax-and-spend program. Instead of Specter's Asbestos
Trust Fund, Congress should follow their lead and pass strict medical
criteria legislation, ensuring that real victims receive prompt and just
compensation while protecting businesses, workers and taxpayers.
Dick Armey, former U.S. House majority leader, is co-chairman of
FreedomWorks.