FACT- Here We Go Again

If we've learned one thing, it's this: the asbestos industry is incapable of doing the right thing. Their history speaks for itself.  A legacy of lying, poisoning, cheating, obfuscating and denying. Billions spent on covering up their crimes. Thousands  of preventable and premature deaths. Millions spent on lobbyists to change the laws to make it harder for victims to get to a jury. Nary a nickel invested in prevention or cure.

Every few years, the Asbestos industry gathers up their favorite politicians and prop up another bail out bill. The last one they called the FAIR act even though a six year old understood that the bill was anything but fair. The most recent effort is another fine tribute to George Orwell's dire warnings of the encroachment of "doublespeak" -- the FACT act (Furthering Asbestos Claim Transparency). It's mission is to make it more difficult for asbestos cancer plaintiffs to get a fair trial with a chance for a full, honest and fair recovery. But, again, even a six year old understands that the only thing "transparent" about the FACT act is it's grotesque support of the abusers and abject criminalization of the abused.

Please read the article below posted by Susan Vento, whose husband Congressman Bruce Vento died from mesothelioma 15 years ago. (Susan has spoken out about this bill as far back as 2013.)  Bruce was one of the good guys. At the time, we advocated that Congress recognize Bruce's work by creating a mesothelioma research and treatment plan in his name. Congress, alas, looked the other way. Instead of launching an effort to cure asbestos cancer, they've instead chosen to spend the people's time ginning up embarrassing corporate bail out bills. 

Stay tuned. Like the Terminator, they're back, and they simply will not stop, unless we stop them. 
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Asbestos Victims to Congress: Stop Fast-Tracking Legislation That Would Violate Victims' Privacy  By Susan Vento, May 13, 2015

Veterans Day Surprise Coming From Congress?

Written by Susan Vento and Judy Van Ness

This article was originally posted November 10, 2013, on chillicothegazette.com

On Monday, Americans will observe Veterans Day. Some people will observe it with a day off from work or checking out the special Veterans Day sales at department stores. But the real meaning of the day should be to think about the great sacrifices of the men and women who deserve to be honored. Instead, these same honorable men and women might be dishonored by a Congressional vote next week on the Furthering Asbestos Claims Transparency Act.

Asbestos, a known human carcinogen that has killed millions of people during the past several decades, has not been banned in the U.S. It remains a threat to Americans in our homes, schools and workplaces, and about one-third of all victims are veterans. Disasters such as 9/11 and Superstorm Sandy exposed many more people to asbestos dangers. Meanwhile, experts estimate that about 10,000 people die in the U.S. every year as a result of exposure to asbestos.

We watched our husbands die from mesothelioma, caused by asbestos. Former Rep. Bruce Vento died from mesothelioma 13 years ago, after being exposed to asbestos in three different worksites while working his way through college to become a junior high science teacher on the east side of St. Paul, Minn. Richard Van Ness died Aug. 30, 2012. His exposure began while serving in the forward engine room on the USS Charles R. Ware destroyer (1968-1971). Both men served their country with distinction and died needlessly. This makes us do everything we can to fight for other victims and families.

The FACT Act is a cruel twist on a cruel disease, one that blames the victims for whatever meager compensation they might receive for lives cut dramatically short. It blames families that have to watch loved ones struggle to take their final breaths and smears them by saying they get too much. It is no more than blatant catering to the highly-financed interests of the asbestos industry, the American Legislative Exchange Council, the National Chamber of Commerce and Georgia Pacific, owned by the Koch brothers. It is not about transparency at all.

Instead, the FACT Act would require the unbelievable disclosure on a public website of asbestos victims’ personal information, including the last four digits of their Social Security numbers, financial information, information about their children and other sensitive data that could subject victims and their families to identity theft and possible criminal victimization. The bill is completely lopsided — asbestos companies have no such “transparency” requirements. It passed the U.S. House Judiciary Committee 17-14 in the spring with the committee refusing to hear from victims and families who will be affected by the bill's exposure of their personal information.

The bill’s supporters mistakenly claim it is needed to prevent fraud by asbestos victims when filing claims to company trusts and accuse the asbestos victims of ripping off the system. The asbestos company trusts were structured to enable the companies responsible for the lethal poisoning of workers to use bankruptcy reorganization to continue operating.

The Government Accountability Office analyzed many company trusts and found no evidence of fraud. Instead, a recent newspaper investigation of claims found only 0.35 percent of “anomalies” and those included clerical errors by the claims administrators of the company trusts.

If anyone is getting ripped off, it’s the asbestos victims and their families. The Rand Institute found the median payment is 25 cents on the dollar to asbestos victims, with some payments as low as 1.1 percent of the claim filed. H.R. 982 victimizes all asbestos victims, including veterans, exposing them to identity theft and further harm.

Susan Vento, widow of former Rep. Bruce F. Vento, D-Minn., and Judy Van Ness, widow of Richard Van Ness, are with the Asbestos Cancer Victims’ Rights Campaign.

Susan Vento, Wife of Deceased Congressman and Mesothelioma Victim Bruce Vento, Expresses Her Strong Opposition to the So-Called “FACT Act”

Susan Vento lost her husband in October of 2000, just eight months after he had been diagnosed with malignant pleural mesothelioma. Susan’s husband was Democratic Congressman Bruce Vento of Minnesota who served as a United States Representative for 24 years and devoted his work in the government to environmental and homeless causes. When he was diagnosed with mesothelioma, he began championing asbestos victims’ rights and was committed to raising awareness for mesothelioma and the urgent need for research funding.

Recently, Susan and many others whose lives have been turned upside down by asbestos disease were eager to offer testimony to lawmakers in opposition to House Resolution 982, the “Furthering Asbestos Claim Transparency (FACT) Act”. They were told they would get the opportunity to do so, but instead Susan and the others were offered only a closed-door meeting with congressional staffers and were told they could offer written comments away from the press. This, of course, is a far cry from the public open hearing they were promised.

Undeterred, and intent to have her opinions and unique perspective on the legislation heard by lawmakers and the public, Susan authored an article that was published in the June 3, edition of Roll Call. The complete article can be seen here.

This isn’t the first time Susan has stood up for asbestos victim’s rights. In 2003 Susan took an active and vocal stance against legislation that attempted to create an industry-bankrolled trust fund to compensate sick workers and their families and would have taken away individual asbestos victims’ right to trial.

FACT Act sponsor Blake Farenthold repeatedly claims the purpose of the bill is to “avoid waste, fraud and abuse within the trust claim system in order to secure compensation for the ‘real’ victims of asbestos disease and not deplete the funds of the trusts for future victims.” Farenthold refers often to the Wall Street Journal’s ”investigative reporting” as if it had presented actual evidence of fraud, but as we discussed here, the so-called evidence falls far short.

Reading the transcript of the May 21, 2013 proceedings is angering. It is blatantly obvious and painfully clear that those in support of the bill are not defending the victims of asbestos disease, but are the hand puppets of corporate interests. It is important to remember that most of the “bankrupt asbestos companies” are still in business and, in many cases, very successful. The trusts were created under bankruptcy laws which allow companies to avoid liability for their dangerous products in exchange for partial payment to victims so that they can continue to operate as viable and profitable companies, as noted by consumer advocate Joan Claybrook in her refutation of the WSJ’s “investigative reporting” regarding the FACT Act.

In a letter to congress opposing HR 982, the Center for Justice and Democracy and the Alliance for Justice ask some very good questions. Wouldn’t a bill that is designed to increase transparency require equal disclosure of all settlement amounts by defendants as well? Shouldn’t this bill require asbestos defendants to disclose information about the history of exposures caused by their asbestos products?

Asbestos litigation is already an arduously painstaking process, the so-called transparency being sought by corporate-funded representatives is just the latest ploy to limit payouts and further prevent justice to suffering individuals. The legislation is one-sided, unfair and unnecessary.