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Asbestos victims deserve FAIR compensation, now

Asbestos victims deserve FAIR compensation, now

Date published: 7/3/2003

Virginia has suffered from asbestos more than many other states. Many naval veterans who live here, as well as thousands of shipyard workers from Hampton Roads ,were exposed to asbestos. It has been used by the Navy from World War II through Vietnam, hence countless veterans and civilian workers were exposed to this deadly substance. Now, many are suffering from horrible diseases like mesothelioma and asbestosis.

Making matters worse, many of these innocent victims are being forced to suffer a second indignity. Many can't get compensation for their medical bills or their suffering. This is because the court system has proven it cannot provide fair compensation in a timely manner. Many victims die because they wait so long for their court date. And when victims actually receive compensation, they often get only a fraction of what they are awarded. More than half of awards go to lawyers and administrative fees.

That's just wrong. Asbestos victims have had too much of too little too late. Earlier this year, Supreme Court Justice Stephen Breyer said, "The concern that tomorrow's actual cancer victims will recover nothing--for medical costs, pain, or fear--is genuine. And that genuine concern requires this court to make hard choices. Members of this court have indicated that Congress should enact legislation to help resolve the asbestos problem."

Justice Breyer is right. It's time for Congress to help victims. Fortunately, there is an effort under way in Congress to do just that. In fact, I am proud that U.S. Sen. George Allen is a co-sponsor of the effort. Sen. Allen is part of a bipartisan group of senators supporting the Fairness in Asbestos Injury Resolution Act, also known as the FAIR Act. A Senate committee is expected to finish consideration of this legislation in July.

The FAIR Act would get rid of the current broken system and replace it with a trust fund, financed by the companies that are getting sued for asbestos exposure. The trust fund would be faster, more efficient, and more reliable in providing benefits. Victims would no longer have to wait for court dates and prove that a particular company exposed them to asbestos. Instead, they would only have to submit their medical records to the trust, and if they're sick, they'll get paid. Sicker victims would receive more money.

Also, under a trust fund, victims will be able to get more money if their condition deteriorates. Not surprisingly, there is some controversy around the FAIR Act. The lawyers who have made millions off asbestos cases are fighting hard to protect their piece of the pie. They know that if a trust fund is set up, their role and their billings may shrink to next to nothing. I feel for them, but I feel more for the sick who have to wait years to receive unfair compensation.

They need relief, and I am glad Sen. Allen is working to help them.

Clifford Williford

Norfolk

Clifford Williford is past state commander of the Virginia Department of the Veterans of Foreign Wars.

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Date published: 7/3/2003