Saturday, October 18, 2008

Battle Rages in Congress Over Mesothelioma Bill Regarding Asbestos Litigation

There is a groundswell of opposition forming to fight Bill S.852 - the Fairness in Asbestos Injury Resolution Act of 2005.

Battle lines have been drawn, large corporations have enlisted several top lobbyists in Washington DC to champion this Bill.

Lobbyists tout the bill as the answer to help ease the burden on our judicial system regarding asbestos litigation.

The net result of the bill if passed, will be to add several layers of government involvement to an already overburdened legal system.

Increased federal involvement will increase expenses associated with asbestos litigation.

Adding another layer of bureaucracy to victims stricken with Mesothelioma is not the answer. Individuals exposed to these harmful agents have the right to be heard on an individual basis.

The Bill has set guidelines regarding the individuals past exposure to asbestos.

To place individuals exposed to asbestos in a 3 level template is unjust.

The Three levels of asbestos exposure are defined in a qualitative and subjective manner based on the length of employment in an asbestos exposure-related job. They are:

? Moderate Exposure
In a standard work year, the person worked in areas immediate to where asbestos-containing products were installed, repaired or removed and involved regular airborne emissions of asbestos. This counts as one year of substantial occupational exposure.

? Heavy Exposure
In a standard work year, the person was involved in the direct installation, repair or removal of asbestos-containing products and thus was exposed to asbestos on a regular basis. This counts as two years of substantial occupational exposure.

? Very Heavy Exposure
In a standard work year, the person worked in primary asbestos manufacturing, a World War II shipyard or the asbestos insulation trades and thus was exposed to asbestos fibers on a regular basis. This counts as four years of substantial occupational exposure.

The proposed bill will destroy individual?s rights to just compensation in a timely manner. Mesothelioma is a catastrophic disease caused by asbestos exposure.

Become involved in the fight to keeps victims rights regarding asbestos litigation in the hands of the people.

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