I'm a political groupie. I love to watch programs and
movies about political workings. One of my favorites is
"Mr. Smith Goes to Washington," starring Jimmy
Stewart.
Stewart portrays a na!ve Senate freshman who
unwittingly takes on corporate no-goods by introducing a
bill that would interfere with a profit-making venture
an elder statesman is involved in. Stewart's character
is raked over the coals when he decides to filibuster
and expose corruption.
The film is a beautiful lesson on how bills are
created and passed and how corruption works in
Washington. These days, scrutiny of Congress is more
important than ever.
A bill worth scrutinizing is the Fairness in Asbestos
Injury Resolution Act of 2005, known as the FAIR Act,
S.852, sponsored by Republican Sen. Arlen Specter. It's
supposed to give victims of asbestos exposure a quicker
resolution to their claims by removing them from civil
litigation. It also aims to stop job losses, speed up
payments to the truly sick and increase the
competitiveness of American corporations.
The effects of the bill can be examined in the
bankruptcy of USG Corp. On Jan. 30, USG announced it had
reached a settlement to resolve its asbestos-related
liabilities, allowing it to ascend from bankruptcy.
According to Mesothelioma News, USG's proposed
settlement will pay $900 million into a victims'
compensation fund. If the FAIR Act is not passed, USG
will provide an additional $3.05 billion to the
compensation fund. This is a settlement said to be
"affordable" by USG CEO William C. Foote, who
received over $3 million in compensation in 2005.
But if the FAIR Act is passed, USG's payments to the
compensation trust will remain at $900 million - its
estimated payment under the FAIR Act. In effect, the
FAIR Act bill will take away $3.05 billion from
claimants and give it to USG. Despite its
"affordable" settlement with asbestos
creditors, USG intends to continue its support of the
FAIR Act.
The FAIR Act gives a huge financial boost to
corporations that are responsible for asbestos exposure
and that agreed to pay millions into victims'
compensation funds. Many corporations affected by this
bill have declared bankruptcy but continue to be viable
and profitable under reorganization, according to a
study done in 2003.
Removing the option of litigation is not the answer.
Asbestos-related diseases, including mesothelioma, lung
cancer and asbestosis, are rising. Studies estimate that
during the next decade, 100,000 U.S. victims will die of
an asbestos-related disease - approximately 30 deaths
per day, claiming more lives than skin cancer.
Four other states have drastically reduced the number
of asbestos court cases by imposing medical tests on
plaintiffs and removing the statute of limitations,
enabling real victims to sue long after exposure
occurred, because the disease can lie dormant for years.
Victims deserve their day in court, and legislation
to deny that shouldn't be allowed. It's only fair.
McKee, a wheelchair user, is a freelance writer
and producer. You can e-mail her at chairgrrl@chairgrrl.com.
