The Miracle Fiber
The Senate today voted to consider an asbestos liability bill that, in rough terms, would end liability for asbestos manufacturers and their insurance companies in return for the establishment of a $140 billion fund to compensate victims of asbestos exposure. Most victim advocates oppose the measure, but former government employees and veterans, who are barred from suing their former employer, are begging for it.
I have mixed feelings about the bill. The manufacturers clearly knew the adverse health effects of exposure to asbestos for years (I recall seeing correspondence from as early as the 1930s recognizing it) but continued to use the "miracle fiber" because it was cheap, effective, and practically indestructible. Like their brethren in the tobacco business (the smoking of which, in conjunction with exposure to asbestos, increases the likelihood of contracting an asbestos related disease by about 90 times- how's that for a partnership forged in hell), the asbestos manufacturers made a business decision that ultimately ruined thousands of lives.
But asbestos litigation has become a cottage industry where, it seems, anyone and everyone is sued regardless of the logic behind their role as defendant, and many "victims" are compensated for exposure when they don't seem to actually have a disease. And the asbestos lawyers collect big bucks. I have a friend who runs a small business that once purchased some asbestos gaskets for use in manufacturing and he has to keep a big box in his office to store the constant flow of legal documents. No one who worked for him has a claim and no one who worked for him is sick. But, he's on the list and the legal fees to extract himself from the suits are killing him.
Of course, it's way more complicated than that. Asbestos related diseases can appear up to 30 years after the exposure that caused them, and they can kill quickly. A common one, mesothelioma, is a death sentence almost always carried out within six months of diagnosis.
So what's the answer? I think some form of fund with clear, fair definitions of what constitutes a compensable disease is about the only answer. The courts are truly clogged with the volume of asbestos related litigation, and not enough of the money makes it to the victims and their families. But, if you've ever been to a VA Hospital you know how these things work, and that's not a comforting thought for someone who is facing massive respiratory impairment and an early grave.
Corrupt corporations first. Corrupt lawyers later. Lots of death and destruction along the way. It's the American Dream.
I have mixed feelings about the bill. The manufacturers clearly knew the adverse health effects of exposure to asbestos for years (I recall seeing correspondence from as early as the 1930s recognizing it) but continued to use the "miracle fiber" because it was cheap, effective, and practically indestructible. Like their brethren in the tobacco business (the smoking of which, in conjunction with exposure to asbestos, increases the likelihood of contracting an asbestos related disease by about 90 times- how's that for a partnership forged in hell), the asbestos manufacturers made a business decision that ultimately ruined thousands of lives.
But asbestos litigation has become a cottage industry where, it seems, anyone and everyone is sued regardless of the logic behind their role as defendant, and many "victims" are compensated for exposure when they don't seem to actually have a disease. And the asbestos lawyers collect big bucks. I have a friend who runs a small business that once purchased some asbestos gaskets for use in manufacturing and he has to keep a big box in his office to store the constant flow of legal documents. No one who worked for him has a claim and no one who worked for him is sick. But, he's on the list and the legal fees to extract himself from the suits are killing him.
Of course, it's way more complicated than that. Asbestos related diseases can appear up to 30 years after the exposure that caused them, and they can kill quickly. A common one, mesothelioma, is a death sentence almost always carried out within six months of diagnosis.
So what's the answer? I think some form of fund with clear, fair definitions of what constitutes a compensable disease is about the only answer. The courts are truly clogged with the volume of asbestos related litigation, and not enough of the money makes it to the victims and their families. But, if you've ever been to a VA Hospital you know how these things work, and that's not a comforting thought for someone who is facing massive respiratory impairment and an early grave.
Corrupt corporations first. Corrupt lawyers later. Lots of death and destruction along the way. It's the American Dream.
posted by John at 9:16 PM
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