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Urge Congress to OK bill to aid veterans with asbestos illsTucson, Arizona | Published: 02.14.2006
Arizona's veterans are waiting for the U.S. Senate to act on legislation of vital importance to them — asbestos litigation reform.
Although the Senate overwhelmingly voted last week to allow the legislation to proceed (by a vote of 98-1), few people realize that reforming the asbestos litigation system is vital to the thousands of veterans in Arizona and nationwide who are suffering from problems from asbestos exposure.
Through their service in the military, the federal government exposed these men and women to asbestos, which is now causing a variety of health problems.
Some in Congress recognize that something needs to be done and have introduced the Fairness in Asbestos Injury Resolution Act.
This bill would set up a trust fund to give compensation to our veteran victims of asbestos exposure. No taxpayer dollars would be used in this trust fund.
Instead it would be funded by companies that are currently being sued over asbestos exposure.
Civilians can seek compensation for asbestos-related health problems from the companies that exposed them. Veterans, however, do not have that option.
The federal government, which is responsible for exposing veterans, has granted itself sovereign immunity from asbestos lawsuits.
In some cases, veterans can seek compensation from the companies that sold asbestos to the government. In most instances, however, these companies are already bankrupt.
This leaves many veterans without a way of collecting any compensation for their exposure. Many veterans need this compensation to help pay medical expenses caused by their serious health problems.
These health problems are the direct result of the military's extensive use of asbestos for decades and exposing countless numbers of men and women to the dangerous substance.
These health risks became known in the 1960s, and many civilian companies stopped using asbestos in that decade. The military, however, did not stop. It contended that asbestos was necessary for national defense and kept using it until 1979.
As a result, veterans have a higher than average rate of lung cancer, mesothelioma, and asbestosis — all diseases caused by asbestos. They are also suffering from other lung diseases linked to asbestos.
It is likely that there will continue to be more health problems among veterans since asbestos-related diseases may take up to 40 years to manifest themselves.
If the FAIR Act became law, however, veterans would have the ability easily to collect compensation.
Instead of trying to find the company that sold asbestos to the military and then waiting years for litigation to come to an end, all someone exposed to asbestos would do is present evidence of asbestos-related heath problems to the administrators of the trust fund.
Another benefit is that attorneys' fees would be capped at 5 percent, unlike today, where a lawyer can take up to half of any legal settlement.
The veterans of our nation did not ask for the health problems they are suffering from today. They did their duty in uniform and now find themselves without the ability to receive compensation for the injuries they suffered.
It's time Congress fixes this situation and passes the FAIR Act. Our veterans deserve it.
Rick Romley is a former Maricopa County Attorney. His email address is RRomley@hotmail.com
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