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Asbestos Legistation Update: Corporations Lobby for Legislative Protections While Thousands of U.S. Military Veterans Continue to Die from Asbestos Cancer
“If you have enjoyed a good life while working with asbestos products, why not die from it.”
Nearly 50 years ago, the Director of Purchasing for the Bendix Corporation, a part of Honeywell, wrote those words. Today, asbestos companies and their public relations gurus are still waging war on cancer victims, including our military veterans.
Experts estimate 30 percent of all mesothelioma victims in the United States are military veterans. That’s a staggering number when you consider that between 1999 and 2007 the Center for Disease Control reported over 23,000 Americans died of the asbestos-related cancer. That's approximately 7,000 service men and women. To put that statistic in context, approximately 5,000 military personnel have died in the U.S. War on Terror since 2011.
Meanwhile, the companies responsible for exposing veterans to the deadly carcinogen are lobbying for new bills at both the state and federal levels that would grant them sweeping advantages in the legal system, delaying and – in some cases – denying desperately needed compensation for medical treatments.
At the federal level, the U.S. House of Representatives has passed the so-called Furthering Asbestos Claims Transparency (FACT) Act out of committee despite bipartisan opposition. The move is a slap in the face to all victims of asbestos-related diseases, in particular our veterans as we head into Memorial Day weekend.
Andrew Cochran wrote a warning in the Legal Examiner explaining why this bill and others like it on the state level are harmful to veterans, especially Navy veterans.
Why Would We Dishonor Veterans’ Injury Claims & Invade Their Privacy? >>>
If passed, the so-called FACT act would limit the 7th Amendment rights of asbestos victims by delaying compensation or raising legal barriers to full payment from asbestos trusts until after victims die, which leaves families and taxpayers to foot huge medical bills.
The act harms asbestos victims in three specific ways.
- It requires trusts to publicly disclose
extensive, individual and personal claim information.
- It would allow asbestos defendant
lawyers to demand any additional information from the trusts at any time for
virtually any reason.
- It applies retroactively to the initial creation of the trust. This means every victim who has ever submitted or received a claim from an asbestos trust will be impacted.
Similar efforts to delay justice for asbestos victims are happening on the state level, too. Wisconsin veterans have expressed disappointment in the Wisconsin legislature for passing a similar bill that serves only to shield corporations from being held accountable for their asbestos liability.
Similar bills are being considered and or have already passed in Ohio, Oklahoma, and Pennsylvania.
For more than eighty years, corporations that produced and distributed asbestos-containing products – and their insurance companies – have attempted to avoid responsibility for the deaths and injuries of millions of American workers and consumers caused by those products. Since before 1930, they have hidden the dangers of asbestos and lied about their knowledge of those dangers, lobbied to make it harder for workers to sue for their injuries, fought to weaken protective legislation, and to this day continue to deny responsibility.
This “transparency” legislation is not what it pretends to be – an effort to make the tort system more responsive – but merely their latest affirmative effort to evade responsibility for their own malfeasance.
How many more veterans and others will have to suffer through a mesothelioma diagnosis before real change that makes a real difference in the lives of these people and their families is realized?
Victims are expressing outrage at these one-sided efforts, and you can help. Sign the petition against the FACT act here. Write to your congressional leaders and tell them to support asbestos victims not the asbestos companies. Write to the national veterans groups and ask them to publicly weigh in and warn Congress about the FACT Act.
It’s not too late to just say, “No.”
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Bridgeton Landfill: Rolling Stone Magazine Puts Spotlight on Underground Fire
The fugitive emissions and underground fire stemming from the Bridgeton Landfill in North St. Louis County has received national coverage from an article published Friday in Rolling Stone Magazine. The article by Steven Hsieh is called “St. Louis is Burning.” The reporter provides an investigative look into the problems surrounding the landfill and considers the long terms implications of the toxic mess currently smoldering in St. Louis’ backyard.
“There's
a fire burning in Bridgeton, Missouri. It's invisible to area residents, buried
deep beneath the ground in a North St. Louis County landfill. But the
smoldering waste is an unavoidable presence in town, giving off a putrid odor
that clouds the air miles away – an overwhelming stench described by one area
woman as "rotten eggs mixed with skunk and fertilizer." Residents
report smelling it at K-12 school buses, a TGI Fridays and even the operating
room of a local hospital. "It smells like dead bodies," observes
another local….
Click
here to read the full article on the Rolling Stone's website.
Simmons Employee Golf Tourney to Feed Area Elementary Students
Elementary school children in the free and reduced lunch program in the Alton School District will receive additional support during weekends this coming school year.
The beneficiary of the 9th Annual Simmons Employee Foundation Golf Tournament is Blessings in a Backpack. The national program discretely provides weekend meals to children who might otherwise go hungry by distributing food in their backpacks on Friday afternoons.
Approximately 150 students who qualify for Blessings in a Backpack have been identified in the Alton School District. To fully fund the program for its 3-year duration, a total of $40,000 must be raised. All net proceeds from this year’s SEF golf tournament will benefit the program.
The tournament takes place June 14 at Sunset Hills Country Club in Edwardsville. Registration costs $100 per player or $400 per team. Tee off times are at 8 a.m. and 1:30 p.m. Prizes for first and second place will be awarded.
Nationwide more than 62,000 children are being fed at 437 schools in 42 states through Blessings in a Backpack programs. Better test scores, improved reading skills, positive behavior, improved health and increased attendance have been attributed to the program.
Please help Simmons employees reach their goal to feed Alton elementary kids by signing up for this year’s golf tournament or becoming a sponsor.
Teams registered and paid by May 31 will be entered into a drawing for four St. Louis Cardinals baseball tickets.
Click here to download the registration & sponsorship form.
Sponsorships for 2013 include the following opportunities. (Registration is not required to become a child or hole sponsor.)
Sponsor a child | $80
This one-time donation of $80 will feed one child on the weekends for an entire 38-week school year. To sponsor a child, please select the “Sponsor a Child” option on the registration brochure.
Hole sponsor | $100
This one-time donation of $100 will provide you or your company with a sign on the green next to a hole on the green. Space is limited, so hurry to reserve your spot!
Birdie Sponsor | $1,000
The Birdie Sponsor costs $1,000 and includes entry fees for one team, one hole sponsor, golf shirts for all team members, skins and mulligans, and reserved dinner seating.
Eagle Sponsor | $2,500
The Eagle Sponsor costs $2,500 and ensures your team plays in style. It includes the Birdie sponsorship benefits PLUS a personal beverage cart with your own driver and your choice of beverages and snacks and signage at the tournament.
Click here to download the registration and sponsorship PDF.
Please return the registration and sponsorship form with a check payable to SEF to:
Amy Stiebel
Simmons Employee Foundation
One Court St.
Alton, Illinois 62002
For additional questions about the tournament contact Amy at 618-259-2222 or astiebel@simmonsfirm.com.
Learn more about Blessings in a Backpack at http://www.blessingsinabackpack.org/.
Comments (0)Asbestos Facts and Stats You Should Know
April 1 through 7 was officially designated as “Asbestos Awareness Week” by Senate Resolution 66 by the U.S. Senate. The Asbestos Disease Awareness Organization has officially assigned the theme of the 2013 awareness week as “Asbestos: One Word. One World. One Week.”
One of the main goals of Asbestos Awareness Week is to educate as many people as possible on the dangers of asbestos exposure, where exposure can occur, and how to prevent it in an overall effort to eliminate serious asbestos-related diseases like mesothelioma. By providing valuable information on asbestos, such as facts and statistics, more individuals can be knowledgeable about its dangers.
The Simmons Firm joins the effort to eliminate asbestos exposure and, inevitably, mesothelioma. Below are some of the most important facts and statistics you should be aware of regarding asbestos and the potentially dangerous consequences of its exposure.
- Approximately 125 million people worldwide are exposed to asbestos at their workplaces. (World Health Organization)
- 55 countries have banned asbestos, but the United States and Canada have not. (ADAO)
- Asbestos exposure has been linked to mesothelioma, pleural plaque, asbestosis, and lung cancer. (Simmons Firm)
- More than 107,000 people die from asbestos-related diseases caused by occupational exposure every year, worldwide. (World Health Organization)
- Asbestos fibers can be 700 times smaller than human hair and are tasteless, odorless, indestructible fibers that can float in the air undetected. (ADAO)
- Asbestos exposure can occur 25 to 50 years prior to the appearance of mesothelioma symptoms. (Mesothelioma Applied Research Foundation)
The above is a brief list of important statistics and facts surrounding asbestos; however this is not a comprehensive list. For more information regarding the topics covered during Asbestos Awareness Week, please refer to the ADAO agenda here.
Comments (0)U.S. Surgeon General Stresses Dangers of Asbestos Exposure
Asbestos exposure has been directly linked to the development of mesothelioma and other serious diseases. For many years, the dangers of exposure to the toxic fibers of asbestos have been well-known across the country. Despite this knowledge, the use of asbestos is not banned in the United States.
Recently, the U.S. Surgeon General Regina Benjamin released a statement in honor of Asbestos Awareness Week (April 1-7), saying, “there is no level of asbestos exposure that is known to be completely safe.”
The Asbestos Disease Awareness Organization (ADAO) applauded Benjamin for her remarks concerning asbestos. The organization concurred with Benjamin in a recent press release by adding, “all Americans [should] learn about the dangers of asbestos exposure and…understand the steps they can take to protect their health.”
The organization has been working with the White House and Congress for years in an effort to prevent asbestos exposure with the ultimate goal of eliminating all asbestos-related diseases, including mesothelioma.
Despite being aware of the dangers of any level of asbestos exposure, the substance is still used in industries and occupations, especially manufacturing. In the ADAO press release, it is reported that US consumption of asbestos was 1,060 tons in 2012, and was used to meet manufacturing needs. The toxic substance also still exists within homes, schools, offices and factories across the United States. Because of this, renovations, demolitions, or simple wear-and-tear can be dangerous should anyone come into contact with asbestos fibers through inhalation.
Being educated about asbestos and the risks involved with asbestos exposure is one way to help prevent further exposure and the development of serious asbestos-related diseases. Although the substance is not banned in the United States, we can all make a difference by learning more, knowing where asbestos may be found, and knowing how to handle the substance should we come into contact with it.
“Together, we can prevent the dangers associated with asbestos,” said Surgeon General Regina Benjamin in the ADAO press release.
Learn more about asbestos exposure, common occupations associated with asbestos exposure, and what you should know about exposure to asbestos now.
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FACT Act Threatens Rights of Asbestos Victims and Families
The latest effort by asbestos companies to limit compensation to asbestos victims has begun. Asbestos companies have used their political influence to introduce a new bill in the U.S. House of Representatives. While this won’t impact many of our past clients, if passed, it could hurt future victims of asbestos.
It is called the “Furthering Asbestos Claim Transparency Act.” This bill will delay, and in some cases, deny justice and badly needed compensation to people suffering from asbestos-related diseases. It would be detrimental to future Simmons Firm client cases in two ways:
First, it would delay the process of bankruptcy claims and therefore delay compensation. Second, confidential information disclosed and gathered under this legislation would be used to help asbestos companies evade their liability for poisoning people.
Several asbestos victims are already taking steps to let their legislators know just how bad this bill is and how it will negatively impact people diagnosed with mesothelioma and other asbestos-related diseases. We hope you will join their efforts to ensure these companies will continue to be held responsible for their wrongdoings.
Make Your Voice Heard
If the FACT Act passes, mesothelioma victims would be on the losing end. Asbestos cancer victims need your help in standing up against the FACT Act. Please join the fight against the FACT Act by taking the following steps.
1. Sign the petition!
Go to www.CancerVictimsRights.org. You will see a “Take Action” button on the right side of the website. Click the button and follow the instructions. It only takes a few minutes to sign and send a message to your Congressional Representatives that you oppose the bill.
2. Contact your U.S. Congressional Representative!
Call or e-mail your representative and tell them you oppose the FACT Act. Go to www.house.gov/representatives/find to find your senators’ and representatives’ contact information. By sending an e-mail or speaking to someone at their offices, you will showcase our public support for victims of asbestos.
3. Support the campaign for asbestos cancer victims online!
Follow the campaign against the FACT Act online. If you are a member of Facebook, you can like the Cancer Victims’ Rights Campaign by going to the Facebook page (www.facebook.com/CVRCampaign) and clicking the “like” button. If you are a member of Twitter, you can follow the campaign’s Twitter page (www.twitter.com/CVRCampaign) and click the “follow” button.
4. Spread the word!
Share this information with your family and friends and ask them to repeat these four easy steps.
Visit www.cancervictimsrights.org to learn more and sign the petition. Comments (0)
Asbestos Conference Keynotes Feature Asbestos Medical Expert, Advocate
This weekend Perry Browder, myself and other attorneys and staff with the Simmons Firm will attend the 9th Annual International Asbestos Awareness Conference in Washington, D.C. We are proud not only to once again be a platinum sponsor of the event, but also to be ADAO’s longest cumulative supporter.
The ADAO Conference plays an important role in bringing patients of asbestos-related diseases and their caregivers together with advocates, medical experts and occupational experts. Events like this are critical in providing up-to-date information and in spreading awareness about the global public health crisis caused by asbestos.
This year’s keynote speakers promise to be some of the best yet.
Captain Aubrey K. Miller, M.D., M.P.H., will present a luncheon keynote speech entitled “Asbestos in the Environment and Workplace: Public Health Issues and Concerns.” Miller is currently the Senior Medical Advisor for the Office of the Director of the National Institute of Environmental Health Sciences and the National Institutes of Health.
I’ve heard Dr. Miller present in previous years on non-occupational asbestos exposures. He’s very knowledgeable on the topic of environmental health issues, having published several papers, and his passion for understanding the public health impacts of asbestos is well-respected in the ADAO community and beyond.
He also has expertise in disaster response and emerging threats such as Hurricane Sandy and the World Trade Center Response. Over the past few years, the dangers of asbestos exposure have received increased attention when natural disasters occur. It’s imperative that the public understands the dangerous present in older homes so they can take necessary precautions against toxic exposures that can occur during disaster scenarios.
I’m looking forward to again hearing Dr. Miller speak on the public health issues and concerns related to asbestos.
The keynote speaker for the Unity Remembrance Brunch is an event that inspires and offers encouragement; this year will be no different. Australian asbestos advocate Karen Banton will share how she has continued the work of her late husband Bernie Banton who lost his battle to mesothelioma in 2007. Like many asbestos patients who I know, Bernie did not go down without a fight.
From the early 2000s until 2007, Bernie was widely recognized as the public face of the legal and political campaign fought in Australia. Bernie had pleural plaques and asbestosis before his mesothelioma diagnosis and worked to achieve a binding agreement with James Hardie Industries for a long-term compensation fund to help sufferers of asbestos-related diseases who were exposed to the company’s asbestos-containing products.
In 2009, Karen, along with others, founded the Bernie Banton Foundation with a mission to provide support and information to people impacted by asbestos-related diseases and to promote awareness of the dangerous of asbestos exposure. Karen will also be honored with ADAO’s 2013 Tribute of Inspiration Award.
Read more about Karen’s Story on the ADAO Blog >>>
Linda Reinstein, president of ADAO, and volunteers have once again secured a stellar line up of speakers for this year’s conference. Since the ADAO Conference started nine years ago, it has continually provided in-depth content unavailable elsewhere.
Whether you are a trial lawyer, activist, medical practitioner or have been diagnosed with an asbestos-related disease, this conference has something for everyone.
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