Settlement reached in WV asbestos suit

According to AP writer Allison Barker, WVU will pay former and current employees as part of an asbestos class action settlement:

West Virginia University has reached a settlement in a class-action lawsuit affecting up to 5,600 former and current employees who may have been exposed to asbestos, the school announced Tuesday.

As part of the proposed settlement, WVU will institute and pay for a medical surveillance program to be conducted for 20 years. WVU also agreed to pay $1 million to cover potential claims and attorney fees.

A judge must approve the agreement before it becomes final. A hearing is scheduled for Dec. 22.

University employees sued in 2000 and sought medical monitoring for potential asbestos-related health problems as a result of working in university buildings containing asbestos insulation.

The workers, including professors, custodians, secretaries and other staff, alleged that asbestos in campus buildings put them at an increased risk of cancer.

The university said in a statement that the agreement had been reached in the “spirit of compromise.”

“WVU maintains that all standard, recognized practices for asbestos removal have been followed over the years, and that the general population of employees, through routine monitoring of buildings and air samplings, remain safe from any harmful effects of asbestos-containing materials,” the university said.

Until the 1970s, asbestos was universally prized for its resistance to fire and heat. Since then, the medical community has warned that asbestos fibers, when inhaled, can cause such illnesses as mesothelioma, a rare and inoperable form of lung cancer. It also causes asbestosis, an irreversible scarring of the lungs, and other lung ailments.

Class Action Alternatives

Recovering Financially From Mesothelioma

Disability Insurance
Disability claims may be filed if one has such insurance either privately or through an employer.

Social Security Disability
Disability claims can be filed with the federal social security system.

Worker’s Compensation
Only if asbestos exposure can be linked to a particular job-site can a worker’s compensation claim be filed against an employer. It is also possible that a worker’s compensation claim will conflict with the pursuit of other legal remedies, so it is advisable to consult with an attorney before pursuing this or any other avenue of monetary recovery.

Legal Assistance
Mesothelioma lawsuits are divided into two categories - one, where the person suffering from mesothelioma is living (a personal injury case) and the second, where the person with mesothelioma has died (wrongful death case), and the plaintiff is a spouse, relative and/or representative of the deceased person’s estate.

When the person who would normally be the plaintiff is deceased, an alternate individual (usually the spouse or a close relative) stands in as the plaintiff, and the injuries claimed include the loss of life itself. The most important part of a wrongful death case is locating persons who worked with the plaintiff to provide testimony that the deceased individual would have provided regarding work history and asbestos exposure.

Anthony J. Sebok’s take on FAIR

FindLaw.com columnist (and PhD) Anthony J. Sebok has just written an interesting article discussing the benefits of FAIR. Here are the first few paragraphs:

Last month, in the midst of the Senate’s pitched battle over the filibuster, the Judiciary Committee approved an asbestos reform bill. The bill is laudable; it shows how much good politicians can do when they approach a problem in a bipartisan spirit.

The bill - entitled the “Fairness in Asbestos Injury Resolution Act of 2005″ (FAIR) — has been championed by Senators Arlen Specter (R-PA) and Patrick Leahy (D-VT) against tremendous odds. The legislative proposal, which I have discussed and defended in this column before, is the last, best chance the United States will have to deal with the horrible consequences of asbestos.

For the rest, go here.

Senators Clash on Asbestos Litigation Bill

AP is reporting that senators Frist and Reid are butting heads (sort of) over the asbestos bill:

WASHINGTON — Tongue firmly in cheek, Senate Majority Leader Bill Frist–a cardiac surgeon–pledged Tuesday to resuscitate Democratic leader Harry Reid if Senate legislation to curb the increasing number of asbestos lawsuits makes him ill.

“I want that bill to come to the (Senate) floor like I want to have a heart attack,” Reid, D-Nev., had declared Monday about the pending legislation.

Frist, a Tennessee heart surgeon before being elected to the Senate in 1994, noted to reporters Tuesday that heart attacks are his specialty.

“I’ll make sure he gets resuscitated,” Frist said, laughing.

Frist, who supports the bill, “avowed that the asbestos litigation crisis “calls out for reform” and was “something I care passionately about.”"

Reid, (along with labor groups, trial lawyers and victims groups), does not support the bill. He “lambasted the bill Monday, saying it was “very, very short in helping the people that need to be helped–that is, the unfortunate people in America who have been exposed to asbestos, who are dying of asbestosis or mesothelioma.”"

Want to know more about the FAIR Act?

Now that the Fairness in Asbestos Injury Resolution Act (FAIR Act) has been okayed for the Senate floor, it’s time to learn what this bill is all about. The key provisions of the bill, which will “take asbestos injury claims out of the courts and pay them from a $140 billion privately-financed fund,” are below.

FUNDING - Companies will pay $90 billion over 30 years based on prior asbestos expenditures and revenues. Insurers will pay $46 billion over 27 years. The bill assumes $4 billion will come from existing asbestos bankruptcy trusts.

MANAGEMENT - The Asbestos Injury Claims Resolution Fund will be managed by the Office of Asbestos Disease Compensation in the U.S. Department of Labor.

AWARDS — There are nine levels of awards, based on severity of illness. Payments range from $25,000 for breathing impairment up to $1.1 million for victims of mesothelioma, a particularly lethal cancer of the membrane lining the chest and abdominal cavities. Lung cancers start at $300,000. Medical monitoring is provided for claimants with asbestos exposure but no symptoms.

CRITERIA - Claimants must have at least five years of cumulative occupational exposure to asbestos, or “take-home” exposure of the same length of time. Cash recipients must have characteristic “markers” of asbestos exposure in their lungs.

Claims must be filed within five years of diagnosis. There are no limits on additional awards if the disease progresses.

COURTS - Asbestos claims that have not progressed to trial must go to the fund. People with urgent claims can choose to seek a court settlement, but cannot recover more than 150 percent of the equivalent fund award.

If the fund is not up and running in nine months, urgent claims can return to court. Other claims can return to court if the fund is not up and running in two years.

EXCEPTIONS - A claimant who does not meet the medical criteria can still apply. A medical panel would review the claim. The final decision is made by the administrator.

WORKERS COMPENSATION — A fund payment will not affect a claim relating to workers’ compensation or insurance payments.

MONTANA CLAUSE — Residents of Libby, Montana, are exempted from having to show exposure if they have lived in the town or within 20 miles of it for 12 months prior to Dec. 31, 2004. Libby residents who meet certain medical criteria would automatically be awarded at least $400,000 each.

ATTORNEYS FEES — Capped at 5 percent of final fund awards.

END OF THE FUND - The program cannot terminate before a review and the fund administrator has been given a chance to revise the program, such as by proposing new medical criteria.

Upon termination, claims can return to court.

ASBESTOS BAN - Within a year of enactment, the fund administrator will develop regulations prohibiting the manufacture, processing or distribution of asbestos-containing products. The Department of Defense can exempt asbestos products important to national security.

Many groups are still calling for changes to the current bill, so amendments may be added as time goes on…

Asbestos bill makes it past Senate panel

Good ol’ Reuters is reporting that the US Senate panel has approved the asbestos fund, and that the bill is now all set for the Senate:

WASHINGTON, May 26 (Reuters) - Legislation to create a $140 billion asbestos compensation fund was approved by the U.S. Senate Judiciary Committee on Thursday, but there were immediate warnings it could face trouble on the Senate floor.

The committee voted 13-5 for the bill that would eliminate asbestos lawsuits and create a 30-year fund financed by companies facing litigation and their insurers. Victims could no longer sue, but would go to the fund for compensation.

Three members of the Senate’s Republican majority, who supported clearing the bill from committee, warned they would insist on changes before voting for it on the Senate floor.

“I could not support this bill on the floor if it does not change,” said Sen. John Cornyn of Texas. Arizona’s Jon Kyl and Oklahoma’s Tom Coburn echoed the sentiment.

“With the medical criteria we have here today, this fund will cost $60 billion a year (for claims),” Coburn warned. Kyl has expressed concerns about the fund’s solvency, while Cornyn is worried about the allocation of expense among companies.

The rest of the article may be read here .

Vetrans & Asbestos

The Bandera Bulletin ran a letter recently from a veteran concerned about the plight of asbestos victims who happen to be aging vets…

Veterans + asbestos

Given the advancing age of our surviving WW II veterans, time is short for these particular victims of asbestos-related illnesses. Veterans who’ve been diagnosed with deadly asbestos-related diseases such as mesothelioma and lung cancer find it almost impossible to get compensation for their exposure under the current system.

If veterans try to sue a company that once supplied the material to the government, they encounter a line at the courthouse that takes years to navigate - years that the sickest veterans frankly don’t have. Today there are more than 500,000 asbestos cases in the courts and more piling up everyday. Many of these cases have been brought by lawyers on behalf of people who don’t even have any symptoms of asbestos-related illnesses.

Finally, some on Capitol Hill are getting serious about fixing this legal crisis that’s so harmful to veterans. The Judiciary Committee has begun work on the Fairness in Asbestos Injury Resolution Act, or the FAIR Act. This legislation would make sure that veterans suffering from asbestos-related illnesses finally get fair and certain compensation.

If Senators allow this opportunity to pass, we may never again get this close to a solution. More veterans will die of asbestos-related illness without getting compensation. We mustn’t allow this to happen. As a veteran, I urge Senator Cornyn, a member of the Judiciary Committee, to support this critical legislation for veterans. And I urge both Texas Senators to vote for the FAIR Act when it comes to the Senate floor.

Buddi Harlan
Past State Commander
Texas Department of the Veterans of Foreign Wars

…Makes you realize the urgency of the situation, and just how important a bill like this could be to some people who don’t have the time to wade through the courts…

Find Legal Help

Findlaw not only helps the public find attorneys, it also provides news on legal cases, helps students interested in legal professions, and provides businesses with resources to get started and operate. An extensive listing of topics under “For the Public” includes Baycol, Serzone, Bextra, Prempro, Vioxx, Celebrex, mesothelioma, asbestos, as general medical malpractice. A search on “class action lawsuits” returns 1050 entries, and the Class Action and Mass Tort Center contains its own search engine to narrow your quest for information on a particular subject. Special sections list recall and safety information about consumer products, drugs and medical devices, and food safety and inspection. The website has numerous newsletters you can sign up to receive from general legal news to specific courts (federal and some states) and issues (environmental, constitutional, immigration).

Senate asbestos bill meeting delayed

Reuters (via ABC news) is saying that the Senate will be delaying the asbestos meeting until Thursday:

The U.S. Senate Judiciary Committee has moved to Thursday a meeting at which lawmakers are due to resume work on a bill to establish a $140 billion asbestos compensation fund, a committee aide said on Tuesday.

The meeting originally had been scheduled to begin on Wednesday and continue on Thursday. But the Wednesday session was canceled because of the debate on the Senate floor over judicial nominations, the aide told Reuters.

The Senate is nearing a confrontation between majority Republicans and minority Democrats over judicial nominees. Democrats have blocked White House candidates using procedural tactics. Critical votes on changing Senate rules could follow.

Judiciary Committee Chairman Sen. Arlen Specter, a Republican from Pennsylvania, plays an important role in the judges debate as well as the asbestos bill.

The article also said that Specter “hopes to complete work on the (asbestos) bill next week.”

Mesothelioma rates will peak, then plummet

According to a recent article, Mesothelomia deaths are likely to peak by 2015 in the UK:

DEATHS from mesothelioma, an asbestos-related lung cancer, will peak within ten years in the UK and then fall to a much lower level, according to new figures published in this week’s British Journal of Cancer.

Mesothelioma is a type of cancer in the lining of the lungs or the lining of the abdomen. It is thought that the majority of cases are the result of exposure to asbestos, but the disease can take up to sixty years to develop. Mortality in Britain rose from 153 deaths in 1968 to 1,848 in 2001 and is still increasing, but the new study suggests the rate will begin to decline by 2015.

The decline will be due to “the sharp reduction in asbestos use around 1980.”

The study predicts the peak in mortality will come between 2011 and 2015, the highest number of deaths per year being between 1,950 and 2,450. After this peak, the mortality rate is expected to fall rapidly to a background level, depending on what residual exposure to asbestos, if any, still persists.

Very good news for the Brits. This article is similar to ones I’ve read about Australia and the U.S. as well.

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