Statement of Senator Edward M. Kennedy at the Senate Judiciary Committee Hearing on the Asbestos Litigation Crisis Continues
March 5, 2003
Asbestos-related illnesses have destroyed the lives of countless men, women, and children. Millions of America's workers have been exposed to asbestos and many are living with lung cancer, mesothelioma – a cancer of the chest and abdominal linings – or asbestosis – an irreversible scarring of the lungs. Others have died a protracted and painful death. All deserve an equitable and fair response to their plight. Our first responsibility in Congress is to provide that response.
At the same time, businesses are asking Congress to find a solution to the litigation aspect of the asbestos problem and its effects on our economies. Over 600,000 individuals have filed claims for compensation because of asbestos-related injuries, and it is estimated that as many as 2.4 million additional claims may be filed in the future. The ripple effect is wide-spread and disturbing. Current filings have forced and will continue to force many businesses into bankruptcy, undermining important sectors of the economy, causing thousands of workers to lose their jobs, and reducing the resources available to asbestos victims.
For years, Congress has struggled to find a solution to this problem. Yet, as the problem continued to grow, too many in Congress danced to the tune of those asking for more than a solution to mounting asbestos claims. So-called asbestos litigation reform bills were often thinly-veiled attempts to codify the tort reform wish list, and Congress was right to reject them.
Our response must ensure that individuals like Edna Oikle are provided relief. Edna, who is now 75, was married to Jerry – a W.R. Grace worker. He would come home from work covered in the asbestos fibers released during the vermiculite mining process. Edna would shake the dust out of his clothes before she washed them. Jerry died last June after suffering from lung cancer caused by exposure to asbestos. Edna continues to suffer, today. Though she is largely confined to a bed or sofa, requires full-time care from relatives, and needs oxygen to avoid dizziness and loss of breath, according to some who want to reform the asbestos litigation system, Edna is not sick enough. I disagree. Any action we take in Congress must guarantee that Edna Oikle and countless others like her are treated fairly. Asbestos reform must not include medical criteria so restrictive that few can benefit from it. It makes no sense to solve the litigation in a way that denies fair relief to vast numbers of innocent workers and their families.
I look forward to today's testimony.
