Asbestos Victims - Pleural Mesothelioma Information
Proposed Law Would Remove Thousands of Asbestos Victims from Nation's Court System
First Review Of Sen. Hatch's Plan Slated For Wednesday, June 4
WASHINGTON D.C. - Lawmakers considering a pro-business asbestos reform effort this Wednesday should know that it remains fundamentally unfair to thousands of Americans suffering from one of the most deadly cancers associated with the material, according to a victim's advocacy group formed to oppose the legislation.
The Committee To Protect Mesothelioma Victims formed shortly after Sen. Orrin Hatch (R-Utah) effectively ended negotiation with organized labor and others by announcing his plan to remove asbestos litigation from the nation's court system. Because Sen. Hatch has promised speedy action on the bill, a first "mark up" of the bill this Wed., June 4 offers one of few chances to offer changes.
It is being introduced to the Senate Judiciary Committee, so the mesothelioma group is making a special effort to make Judiciary Committee members, like Sen. Dianne Feinstein (D-Calif.), aware of what the Hatch proposal would mean to that group of victims.
Mesothelioma is a relatively rare type of cancer that usually kills within a year or two of diagnosis. Virtually 100 percent associated with asbestos exposure, mesothelioma is actually only about 1,500 of the 60,000 annual asbestos - an important point, because one element of the "asbestos litigation crisis" is that it backs up the nation's court system.
While Hatch's bill is widely heralded as the first serious step toward dealing with the nation's asbestos situation in 10 years, it has also been denounced as a "step backward" by labor leadership and many asbestos victims. The "reform" would create an industry-financed fund to pay compensations to people made sick from asbestos, but critics contend the payouts would be too small and there's no federal "backstop" if the fund runs out of money.
While merits and shortfalls of the Hatch bill are debated, the mesothelioma group is making its case that the Hatch legislation is particularly unfair to victims of that cancer for several reasons:
- In effect, it eliminates many victims who cannot prove direct exposure to asbestos over a long time " perhaps as long as 10 years. This is unfair because some mesothelioma victims were children of workers who brought asbestos home as dust in their clothing. Others were exposed during short-term exposure, like a summer job.
- The Hatch bill does nothing to address future mesothelioma victims who do not yet know they're going to die from the disease. Studies show that asbestos can kill years and even decades after the initial exposure. That is why some people who fear exposure, but who are not yet sick, are forced to file lawsuits to protect their legal rights.
- It caps mesothelioma victims' compensation at $750,000, which sounds like a lot unless you've endured the medical costs and lost income associated with cancer treatments. Or unless you've endured the kind pain that led one experienced physician to say he'd rather die by being burned to death. Juries have routinely awarded mesothelioma victims and their survivors many times the limits suggested by Sen. Hatch.
Citing those issues, the Committee To Protect Mesothelioma Victims hopes that Judiciary Committee members like Sen. Feinstein (who is chair of the National Dialog on Cancer and co-chair of the Senate Cancer Coalition) will get all the facts before taking hasty action on Sen. Hatch's attempt to let business off the hook.
And, citing the Senator's leadership role in breast cancer awareness and other health-related efforts, the committee is especially hoping she will continue her longtime efforts on behalf of cancer victims and help defeat or dramatically amend Sen. Hatch's bill when it comes up in their Judiciary Committee.
Mesothelioma Information
Malignant Mesothelioma is a rare type of cancer affecting the mesothelial tissue lining of three large body cavities. There are three distinct types of mesothelioma: pleural mesothelioma, peritoneal mesothelioma and pericardial mesothelioma. Causes of mesothelioma have been limited to asbestos exposure.
Mesothelioma treatment options (surgery, chemotherapy, radiation therapy, etc.) have been unable to combat the fatal disease. Check out some of our other resources to get more mesothelioma info.