Asbestos bill must not leave out Libby victims
The fact that Congress has been trying for six years to pass legislation that fairly compensates asbestos victims illustrates the difficulty of finding an equitable solution for all victims.
In 1999, the Fairness in Asbestos Compensation Act stalled and eventually died amid criticism that it could benefit corporations more than injured workers. At the same time, news of Libby's asbestos woes hit the national media, and the country learned that hundreds were sick or dying from exposure linked to W.R. Grace's vermiculite mine at Libby.
Other versions of the bill followed with the same end result: they didn't pass. In the meantime, Grace filed for Chapter 11 bankruptcy.
Now it seems the newest version of the bill - the Fairness in Asbestos Injury Resolution Act of 2005 - is wrought with some of the same problems as past failed bills, particularly as the legislation relates to Libby asbestos victims.
A leading pulmonary specialist treating hundreds of Libby asbestos patients and the law firm handling most of the Libby lawsuits both maintain that the latest bill draft would exclude many Libby asbestos patients. Even though exposure requirements are lifted for Libby miners and residents, the bill apparently still doesn't address the medical criteria specific to Libby residents.
To Sen. Max Baucus' credit, he went to bat for Libby victims six years ago to make sure they'd be compensated fairly, and he hasn't let up. He voted against the 2003/2004 version of the bill because of deficiencies in the way Libby patients would be compensated.
Baucus has vowed to vote against the latest bill if it doesn't include a compensation safety net and a provision to ensure that Libby claims receive prompt consideration by expert medical panels and the trust administrator. And time is of the essence in passing a good "Libby fix," because there are no guarantees heading into Grace's bankruptcy proceedings.
Sen. Conrad Burns also says he's concerned about medical diagnosis criteria that would exclude Libby residents. He also wants details nailed down about the size and duration of a trust fund from which patients would be paid.
It's easy to give lip service to asbestos legislation. No one wants Libby folks or any other asbestos victims to suffer any more than they already have.
The damage done by Grace can't be undone; that's why fair compensation to victims is so important. Montana's congressional delegation must continue watchdogging the asbestos reform legislation until it reflects its name - a "fairness" act.