The US Senate will be considering a long list of significant issues during the coming year. Thankfully, Senate Majority Leader Bill Frist has labeled the vitally important Fairness in Asbestos Injury Resolution (FAIR) Act as a priority for 2006. Senator Frist has recognized that victims can no longer suffer under the current asbestos litigation system, and he understands a solution is needed.
In a system of over 300,000 claims, its no wonder the courts have become so bogged down that victims wait years for even a day before a judge. Shockingly, most of the claims burdening this system are not from sick victims, but from unimpaired claimants looking to benefit from the overburdened system. With the number of claims rising each year, how likely is it that truly sick victims will receive just compensation?
And sadly, it's our veterans that suffer most from the broken court system. Veterans were disproportionately exposed to asbestos because of the government's widespread use up until the 1980s. But unfortunately they now lack avenues for seeking compensation. The US government was considered veterans' "employer" during their military service, but the government has asserted sovereignty immunity and therefore can't be sued. Moreover, most of the companies that supplied asbestos to the government have since gone bankrupt, leaving few guilty companies to sue. The few "lucky" veterans able to make it into the broken court system must fight other victims to receive pennies, if any compensation is awarded at all.
This leaves veterans stranded in a time of need. That is why it's crucial that the US Senate follow Senator Frist's lead and pass the FAIR Act when it comes to the floor during the new year. Veterans and their families shouldn't be forced to suffer through a broken system when there is a real solution on the table. The FAIR Act creates a no-fault $140 billion victims' compensation trust fund that will enable veterans and their families to finally get the compensation they deserve.
In addition to the compensation fund, the FAIR Act also preserves all claims brought and benefits provided under Veterans Benefits Programs. Sick veterans don't have to be concerned that any of the FAIR Act's benefits will interfere with their VA benefits.
While we cannot undo the harm this system has already caused our nation's veterans, the least we can do is provide them with a system that provides just and timely compensation. It is time the US Senate, including our own Senators Tom Coburn and James Inhofe, realize how important it is to give our nation's sick veterans and their families the compensation they deserve.
Sincerely,
Darrell McGee
Oklahoma Department of the Veterans of Foreign Wars
Lawton
