Consumer watchdog group Public Citizen is warning that if a proposed bill becomes law, victims of asbestos exposure may not receive compensation.
In February 2015, Public Citizen signed a letter to U.S. Representatives, drafted by a multitude of advocacy groups, decrying the Furthering Asbestos Claim Transparency (FACT) Act, which would call for asbestos compensation trusts to publicly disclose information about people pursuing asbestos lawsuits.
“This bill will delay and deny justice to people suffering from lethal asbestos-related diseases, severely invade the privacy of asbestos victims and their families, and interfere with state legal systems without justification,” the letter states. “With the topic of asbestos litigation occupying the news lately, it may seem like an opportune time to legislate in this area.”
“However, this bill is extremely misguided. It will do little more than harm dying victims, including many former Navy shipyard workers, while advantaging big corporations responsible for compensating them. For decades, secrecy and deceit have been a way of business for the asbestos industry and this bill does absolutely nothing to change that. The legislation is one-sided, unfair to victims and unnecessary.”
What is the FACT Act?
The FACT Act calls for asbestos trusts, set up to handle asbestos exposure claims without victims having to go through the lengthy legal process, to post parties’ private information — names, addresses, employment history, medical information and how much money has been paid — about asbestos victims on publicly accessible websites.
Those who oppose the legislation argue that it provides a mechanism for companies to indefinitely delay compensation to asbestos exposure victims, who have a compromised life-expectancy due to asbestos mesothelioma or lung cancer and its side effects.
Proponents counter that the legislation would shine a light on “double dippers,” people who receive money from an asbestos fund while also pursuing asbestos lawsuits against multiple companies without disclosing all of their asbestos exposure or other claims.
Asbestos Exposure
Asbestos is a carcinogenic substance banned in many countries, but not in the United States. It is still permissible in certain products and locations and is a legal import.
Asbestos exposure drastically increases the risk of mesothelioma and other cancers. The World Health Organization estimates that more than 107,000 people die worldwide — 10,000 of those in the United States — as a result of asbestos exposure.
Extended exposure to asbestos fibers can cause a variety of asbestos-related lung diseases including pleural plaque, pleural effusion, asbestosis, asbestos lung cancer and mesothelioma. Mesothelioma is cancer of the pleura, which is tissue around the lungs. Malignant mesothelioma is the most serious of all asbestos-related diseases.
Since the early 1940s, millions of American workers have been exposed to asbestos fibers but people working in shipbuilding, asbestos mining and milling, manufacturing of asbestos textiles and other asbestos products, insulation work in the construction and building trades, and a variety of other trades are at greatest risk of developing health problems as a result of the exposure, according to the National Cancer Institute.
Other workers at risk include demolition workers, drywall removers, asbestos removal workers, firefighters, and automobile workers.
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