Monday, June 05, 2006

Asbestos bill widens to 9/11, hurricane claims

By Susan Cornwell
Reuters Sunday, June 4, 2006; 12:06 PM

WASHINGTON (Reuters) - Until now it has been the elephant in the room during Senate debates about asbestos poisoning: What about the vast cloud of dust that blanketed New York City when the World Trade Center collapsed?

Several senators have spent years working to craft a $140 billion fund that could process thousands of injury claims from people sickened by asbestos.

There has been little discussion of whether a new wave of claims may arise from the September 11, 2001 attacks, when a mix of pollutants was spewed over Manhattan as the Twin Towers fell. A new Senate proposal, however, has raised the subject.

Language allowing New Yorkers, along with victims of last year's Hurricanes Katrina and Rita, to file claims may attract more support for legislation to create the fund but raises new questions about whether the fund will quickly go broke.

"You have an awful lot of people whose lungs are exposed to this material," said Dr. Stephen Levin of Mount Sinai Medical Center in New York City. It has been monitoring the health of thousands of rescue workers from the September 11 disaster.

"Asbestos has been found in bulk samples, both on the pile at Ground Zero, as well as in settled dust in buildings and offices. It's surely around," Levin said in an interview.
Asbestos, a fire-retardant mineral, was widely used in building insulation and other products until the mid-1970s, and asbestos victims' groups say the World Trade Center had tons of it. Inhalation of its fibers has been linked to cancer and other diseases, which usually take years to develop.

A Senate bill by Pennsylvania Republican Arlen Specter and Vermont Democrat Patrick Leahy would create a $140 billion fund to pay up to $1.1 million to individual asbestos victims. It would be financed by companies that made or sold asbestos products -- such as W.R. Grace -- and their insurers, who in turn would be shielded from legal liability.
The senators' stated aim is to unclog courts, stop "abusive" lawsuits and pay claims of the truly ill.

But the fund would mainly pay claims of people exposed to asbestos on the job, such as construction workers. Others who believed their illness was caused by asbestos could seek compensation, but under the bill, a panel of physicians would decide whether they qualified.

http://www.washingtonpost.com/wp-dyn/content/article/2006/06/04/AR2006060400298.html