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Honor Our Troops: Don't Shortchange Veterans in Asbestos Settlement

[Column 329, March 21, 2005] Archived Columns

By Todd A. Smith*

Every day, Americans pray for the safety of the hundreds of thousands of our servicemen and women overseas and here at home. They face violence and danger every day, defending America abroad and stateside, as did the soldiers before them.

You probably know a veteran – a grandfather, a cousin, a next-door neighbor, a teacher. According to the 2000 Census, there are currently over 26.4 million veterans living in the United States. With the conflicts in Iraq and Afghanistan, that number is rising every day as thousands of American troops return home. Our nation owes our veterans a great debt.

Unfortunately, this year has been particularly hard on our veterans. As members of the active and reserve forces return home from serving overseas, the need for medical care, living assistance, and disability benefits are steadily increasing. This puts a strain on an already-overburdened Department of Veterans Affairs, which has seen its funding cut under the current administration. The president and Congress owe our service members more than just rhetoric and photo ops – America’s veterans deserve the benefits and compensation they have earned.

These benefits are especially crucial for veterans who face a deadly threat: asbestos. Millions of service members, especially machinists, shipbuilders, and carpenters, were exposed to deadly asbestos during their service in the armed forces and in the jobs they took when they returned home. In fact, the Wall Street Journal reported in November 2003 that in recent years, a shocking 26% of cases of mesothelioma, a deadly asbestos-related lung cancer, came from individuals exposed in military and shipyard construction, and these individuals made up 16% of other lung-cancer cases and 13% of disabling lung-disease cases.

Many of the most seriously ill veterans served in the Navy. Naval ships and shipyards used asbestos commonly, and according to the Mesothelioma Applied Research Foundation (www.marf.org), a whopping 30% of America's mesothelioma victims were exposed to asbestos while serving their country, either in uniform or while building and maintaining our fleet. Even spouses and children were exposed when the workers brought the deadly fibers home on their skin, clothes and hair.

Veterans, like all Americans, have always had the right to go to court to hold accountable the companies that knowingly poisoned them. They have been able to receive court-approved compensation to cope with the devastating health and financial consequences of asbestos-related diseases… until now.

The proposed asbestos legislation in Congress could make life even more difficult for these veterans. The proposal would remove the claims of hundreds of thousands of asbestos victims and their families from the court system and force them through an administrative process. Qualifying victims and their families would be compensated by a Resolution Trust Fund financed by manufacturing companies that exposed workers to asbestos and those companies’ insurers, companies that currently make up the group commonly referred to as the asbestos defendants.

While a trust fund that is adequately funded and fair to all present and future victims of asbestos poisoning might be acceptable, one that shortchanges people poisoned by asbestos through no fault of their own should be rejected.

Recent versions of the bill would be unfair to veterans and all other asbestos victims, throwing all pending cases and settlements into the fund, and delaying and minimizing compensation. And the asbestos and insurance companies have been unwilling to provide adequate resources to ensure the solvency of the fund.

The recent criminal indictment of executives at asbestos maker W.R. Grace & Co. reminded everyone of the one indisputable fact in the asbestos debate: Corporations knew for years that asbestos was poisoning their workers and their workers' families but did nothing and let tens of thousands of innocent victims die needless deaths. Should our service men and women suffer the same fate?

Our veterans have sacrificed so much for America, and Congress should recognize this by standing up for the interests of veterans when it matters – not just when it is politically expedient. The needs of veterans should be the first priority, and asbestos and insurance industry lobbyists shouldn’t dishonor veterans by removing their right to much-needed compensation. If you or a veteran you know want to speak out against this bill and the special interest campaign, visit the Asbestos Resource Center at http://www.justice.org/asbestos.

For more health and safety information and tips, please visit AAJ's "Keep Our Families Safe" Web site at http://www.justice.org/private/kofs/index.aspx.

 

*Todd A. Smith president of the American Association for Justice, is a partner in the Chicago, IL, law firm of Power Rogers & Smith.

Balancing the Scales of Justice
American Association for Justice
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