Asbestos Victims Compensation Fund
Tuesday's Judiciary Committee hearing revealed strong disagreements among stakeholder groups and committee members on various aspects of the bill. Senator Durbin's speech and recognition of mesothelioma victims appeared to shift the tenor of Tuesday's hearing, placing more emphasis on the rights of victims There was wide acknowledgement that the bill would be challenged in court on various unconstitutional grounds, throwing victims and their families into a legal limbo for years. Other concerns were expressed about unfair medical criteria and about the lack of transparency in what companies will pay into the fund.
Veterans have the same rights as civilians when it comes to holding liable those responsible for their asbestos exposure. In fact, thousands of veterans have successfully sued asbestos manufacturers and received restitution through the tort system. Unfortunately, there has been a great deal of confusion with regard to veterans' right to seek compensation for their suffering from asbestos disease. Much of the confusion stems from The Fairness in Asbestos Injury Resolution (FAIR) act of 2005, which proposed the establishment of a trust fund for asbestos exposure victims. Even though veterans cannot sue the government, other entities may be held liable for veterans' exposure to asbestos.
Many companies using asbestos were accused of knowing the dangers of asbestos exposure long before the government officially began regulating its use in 1970. As such, these companies knowingly allowed its workers to be exposed to deadly levels of asbestos fibers in order to maintain profit margins. The result has been hundreds of millions of dollars worth of Mesothelioma settlements and lawsuits. Since the incubation period between asbestos exposure and the first symptoms of Mesothelioma can last for up to 50 years, government health officials expect the number of Mesothelioma lawsuits and settlements to continue to grow.
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