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Legal - Mesothelioma Legislation - History

The first wave of mesothelioma lawsuits began in the 1970s. As lawyers sought information about the asbestos products to which their clients had been exposed, they uncovered a maze of conspiracy, lies and cover-ups surrounding the use of asbestos. The most horrific of the discoveries was that nearly every major company that dealt in asbestos was aware of the dangers of asbestos exposure - and had deliberately hidden those dangers to protect their profits. As jury after jury heard about the outrages, the awards to plaintiffs mounted into multi-million dollar levels.

It wasn't long before companies that had exposed so many to the hazards of working with asbestos found themselves facing lawsuits that numbered in the tens of thousands. By 1990, there were over 300,000 asbestos and mesothelioma lawsuits choking the court systems, and many of the most profitable companies in the United States were reeling under the assault.

As early as 1983, the courts were calling on Congress to address the asbestos explosion, calling it "a tangled mess and a national crisis in the courts". Even before that, though, Congress had begun looking at the burgeoning rise of mesothelioma lawsuits and considering possible remedies. The first asbestos bills were introduced in Congress in the late 1970s. Even that early, the focus was on creating a national, privately-funded trust from which to pay out claims of illness from asbestos.

Below is a short timeline of some of the most significant dates and attempts at legislating "fair" compensation for the ravages of mesothelioma and other asbestos-related diseases.

1977-1981:

In the 1970s, most asbestos bills introduced in Congress focused on establishing standards for workers' compensation programs and protection for workers. Several bills attempted to create a fund to pay compensation for those stricken with mesothelioma and other asbestos related-diseases. The fund would have been supported by contributions from asbestos and tobacco companies.

1983:

The Occupational Disease Compensation Act was introduced into Congress. It proposed a workers' compensation type scheme to pay compensation for workers who had been exposed to toxic substances such as asbestos.

1984:

Asbestos Workers' Recovery Act (AWRA) introduced.

1988:

Committee for Equitable Compensation studies the asbestos problem.

1991:

The Ad Hoc Committee on Asbestos Litigation is formed to study litigation issues.

1991:

The Brickman proposal, The Asbestos Claims Management Act of 1991, was drafted by Lester Brickman, a law specialist at Cardoza University. It called for the creation of a privately funded trust so that monthly payments could be made to those who have been impaired by their exposure to asbestos. Plaintiffs would have been required to prove occupational exposure to asbestos. The benefit level would have been determined by the condition and level of impairment. It also provided for death benefits and survivor benefits. It removed the right to bring suit for damages and precluded punitive damages.

1998:

The Fairness in Asbestos Compensation Act of 1998 (H.R. 3905) is introduced by Rep. Henry Hyde. In debate over the bill, Hyde made these eleven points that have been central to nearly every bill since:

1. Asbestos personal injury litigation is unfair and inefficient.
2. Asbestos litigation has already led to the bankruptcy of more than 15 companies (the current count is more than 60).
3. The volume of asbestos cases is costing taxpayers money.
4. Asbestos lawsuits are arbitrary, with a wide variety of awards.
5. The issues in asbestos litigation are well known and have been judged.
6. Statutes of limitation often force plaintiffs to file prematurely or give up their claim.
7. Lawsuits canprovide swift compensation. The backlog of cases and the delays in court made delayed compensation.
8. Less than 50% of the total cost of asbestos litigation actually goes to compensate claimants.
9. There are too many cases filed by people who have been exposed but are not yet ill.
10. Punitive damages give a few claimants huge windfalls in addition to compensatory damages.
11. Mass consolidations only serve to magnify the irrationality of a litigation system that awards massive amounts to the unimpaired while threatening the ability of seriously ill people to obtain compensation in the future.

1999 - 2000 the Hyde Bill:

Rep. Henry Hyde introduces Fairness in Asbestos Compensation Act of 1999 (H.R. 1283). The bill creates a federal procedure for making claims in federal asbestos cases. The companion bill (S. 758) would authorize the formation of the Asbestos Compensation Fund. The bill is tabled until the next session.

May 2000:

Rep. Henry Hyde introduces H.R.4543 to amend the Internal Revenue Code of 1986 to provide relief for payment of asbestos-related claims. The bill was referred to the House Committee on Ways and Means.

July 2003:

The "Fairness in Asbestos Injury Resolution (FAIR) Act," S.1125, passes the Senate Judiciary Committee. The bill, which has been recreated a number of times, would establish a national privately-owned trust fund from which asbestos claims would be paid.

April 2004:

S. 2290 (Fairness in Asbestos Injury Resolution Act of 2004) is introduced by Sen. Orrin Hatch on April 7th. April 22nd - Senate rejects bid to force vote on the bill.

2005:

Arlen Specter, Orin Hatch and Diane Feinstein introduce Fairness in Asbestos Injury Resolution Act of 2005. The bill passes committee but is rejected on the floor.

May 2006:

Fairness in Asbestos Injury Resolution Act of 2006 is re-introduced.

2008:

The debate on the FAIR bill will continue, scheduled for hearing in January.

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