Vets, Victims Lobby Us Capitol Before Asbestos Vote

Vets, Victims Lobby US Capitol before Asbestos Vote

by PlanetArk, USA, WASHINGTON

8th February 2006

Military veterans and victims of asbestos-related diseases fanned out in the US Capitol on Tuesday to plead for and against an asbestos compensation bill ahead of a Senate vote that aides said was too close to call.

For years, asbestos fibers were widely used for their insulating and fire-retardant capabilities, but they are linked to lung-scarring diseases, including cancer.

Hundreds of thousands of asbestos injury claims have been filed, helping push into bankruptcy some 70 US companies, including W.R. Grace & Co and USG Corp.

A sponsor of the controversial Senate measure, Arlen Specter, appealed to colleagues not to kill the bill to halt asbestos lawsuits and create a $140 billion fund for compensating asbestos victims. A key procedural vote in the Senate was set for 6 pm ET (2300 GMT).

"I think it is an unconscionable vote to vote no," Specter, a Pennsylvania Republican, declared on the Senate floor.

Aides to senators on both sides of the issue declined to predict the outcome, saying it was too close to call. Because it is a procedural vote on whether to consider the bill, 60 yes votes are needed.

A handful of Democrats were expected to vote "yes," including Tom Carper of Delaware, who announced his intentions at mid-afternoon. Together with three Democratic co-sponsors of the bill and Wisconsin's Herb Kohl, who supported the measure in committee, that would make at least five potential Democratic supporters.

If all 55 Republicans in the Senate then voted "yes," the bill would have the 60 votes it needs to survive. But Senate Minority Leader Harry Reid said on Monday at least five Republicans would vote against it.

Representatives of veterans' groups told reporters that they cannot sue their former employer - the federal government - over asbestos exposure that happened in military facilities. This, they said, was why they in particular needed a compensation fund.

"Veterans account for 25 percent of all current asbestos-related claims and have been waiting years in the court system for some sort of settlement," said Tom Zampieri, a member of the Blinded Veterans Association.

Elsewhere in the Capitol, victims of asbestos-related diseases said they had collected 150,000 signatures, including those of many veterans, against the bill. At a news conference organized by plaintiffs' lawyers, these victims said the fund was designed to write down the liabilities of big companies while discouraging victims from filing claims with complicated exposure requirements. "This bill is a bail-out for greedy, irresponsible corporations, and it's the ultimate insult to their victims, who will lose their right to sue for damages," said Paul Zygielbaum, who has mesothelioma, a lethal form of cancer.

Under the bill, co-sponsored by Specter and Vermont Democrat Sen. Patrick Leahy, asbestos victims would be paid from a fund financed by asbestos defendant companies and their insurers. In exchange, the companies would no longer have to face asbestos lawsuits in court. The measure passed the Senate Judiciary Committee in May, but it has divided lawmakers from both parties, split industry groups and struggled to gain momentum.

Senate Majority Leader Bill Frist, a Tennessee Republican, wanted the Senate to consider the asbestos bill this week, but Reid, a Nevada Democrat, objected, forcing the procedural vote. If Specter and Leahy muster the necessary support, however, the bill could still face other procedural hurdles.

In the House of Representatives, a different approach is under consideration. The House bill would allow asbestos suits to go forward only if claimants meet certain medical criteria. Joan Claybrook, director of advocacy group Public Citizen, expected
the Senate bill to survive the Tuesday vote. "But whether the bill will pass is highly questionable," she said. "There are both Republicans and Democrats in favor and opposed."

Story by Susan Cornwell

REUTERS NEWS SERVICE