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 First, Senator Frist, Do No Harm Considering the Asbestos Trust Fund
 

The following essay was drafted by Dr. Bret Williams, a 53 year old medical doctor who has malignant mesothelioma caused by asbestos. Dr. Williams recently gave a speech at a "Ban Asbestos Act" press conference on Capitol Hill for which he received a standing ovation. Click here if you would like more background information on Dr. Williams, his family, and his asbestos cancer.  RGW


By Dr. Bret Williams

Ten thousand Americans will die this year of asbestos poisoning. Hundreds of thousands of others will suffer from asbestos-related disease. These numbers are expected to increase over time.

As the asbestos industry has long known, even brief exposure to what once was called "the miracle fiber" can cause progressive, irreversible illness. Tragically, the industry and its insurers covered up this and other facts for more than 70 years. Now those same companies are seeking legal immunity from ever-increasing numbers of victims, and some of the most powerful people in Congress are applying pressure to wipe the industry’s liability slate clean.

The so-called Fairness in Asbestos Injury Resolution Act (FAIR) S.1165 seeks to protect the asbestos companies and their insurers by stripping Americans with asbestos-related diseases of legal recourse.

My interest in this bill comes not just from being a medical doctor, but also from personal experience. I have mesothelioma, an aggressive form of cancer of the lung linings caused only by asbestos.

I have practiced medicine for decades, providing medical care for low-income and disadvantaged populations in the Carolinas and in the developing world. When I started experiencing chest pains a year and a half ago, I didn’t think much of it. A non-smoker in excellent health who jogged 25 miles a week, I was not concerned about serious disease. But six months later, I learned that I have mesothelioma.

How was I, a physician, exposed to asbestos? Like hundreds of thousands of other Americans, I inhaled asbestos as I worked summer jobs, attended schools under construction, and made home improvements. My exposure shows just how commonplace asbestos is in our lives.

As a doctor, I knew how and where to find the best treatments available. I chose to have an extra-pleural pneumonectomy, best described as the radical amputation of a lung. My chest lining and part of my diaphragm were also removed.

Later, I underwent emergency surgery for hemorrhage into the sac around my heart. I spent weeks in intensive care on a respirator. Doctors told my family to prepare for the worst, but somehow I pulled through. Today I appear healthy, but I know that my cancer likely will come back. I am living on borrowed time.

The so-called FAIR Act fails to solve this public health crisis and instead shields from liability the very corporations that poisoned me and legions of others. Moreover, the bill is woefully under-funded. Without a fully funded program, those of us who battle these deadly diseases will not have the resources to pay medical bills or to provide for our families when we are gone.

Dr. Bret Williams and his family

Finally, this misguided bill ignores both the urgency and the magnitude of need, offering a laborious and bureaucratic stopgap. Some predict that the process of settling even the initial wave of claims will take nine years, time that most asbestos victims simply do not have.

While the Senate seeks to pare down resources and legal rights of those poisoned by asbestos, they offer a generous settlement to the asbestos companies and their insurers. Halliburton alone would enjoy a windfall of at least $3.5 billion. This and other companies are rewarded with future immunity from liability in return for paying a mere fraction of the total bill. The American taxpayers and the asbestos victims will pick up the difference.

Meanwhile, asbestos is still in use today. Any exposure places you at risk for lung disease, mesothelioma, and other cancers. Using government statistics, the Environmental Working Group estimates that more than 10,000 Americans die of asbestos disease every year, a number that’s expected to climb as more and more people exposed to asbestos in their youth reach middle age.

Asbestos fibers do not respect the color of your collar. They do not distinguish education, wealth, power, influence, or age. They will infiltrate the lungs of an insulator, schoolteacher, doctor, or politician indiscriminately.

A guiding principle of medicine is this: "First, do no harm." Senator Bill Frist, who continues to practice medicine, knows this well. I urge Dr. Frist and every Senator to remember this principle when they vote. The FAIR Act does harm to those it purports to help.

Bret Williams, MD
Hillsborough, NC 27278
Spouse: Julie Williams
Children: Christopher age 21; Brian, age 17; Kaitlin, age 15.

*** POSTED APRIL 19, 2004 ***


 
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