Veterans harmed by asbestos look to damaged legal system for help

By H. Rae Jones, Seattle Post-Intelligencer

There have been more and more reports in the papers and on the television news that Congress is going to start looking into the tragedy of asbestos. It's about time.

Asbestos has been getting more attention from the media lately because many businesses are complaining that the costs of asbestos lawsuits are a growing problem. That may be true, but it is only part of the story.

The untold story is the plight of many veterans who are struggling not only from asbestos exposure but also for assistance in a legal system that is broken and in need of repair. The asbestos ordeal is a shining example of the nation's failure to watch out for our veterans.

Beginning around World War II, the Navy mandated the use of asbestos on ships as insulation and as a fire retardant. Its use continued through the '60s, even though the Navy knew the dangers. Many of the men who served on these ships have gotten sick with fatal diseases like mesothelioma.

These diseases carry high costs for medical treatment and lost wages. Military veterans have a couple of options to get help with these costs. They can file claims through the Veterans Affairs Department or file a claim in civil court.

All veterans know that the VA can be slow, cumbersome and unresponsive. But the civil claims process can be even worse. Sick victims who seek compensation through the courts are too often forced to wait too long for too little.

While we've all heard of multi-million dollar asbestos settlements, unfortunately, too often the money doesn't get to those who need it when they need it. This is true for a number of reasons. The first is time. A panel convened by U.S. Supreme Court Chief Justice William Rehnquist found that because there are so many asbestos claims, suits can take nearly twice as long as other liability suits to be processed. In fact, many victims actually die before their cases are completed.

The second reason is the costs. Rehnquist's panel found that victims can receive as little as 37 cents for every dollar they are awarded, the rest going to lawyers and administrative fees. It's clear this system is broken, and it needs to be fixed - fast.

Veterans who are sick and dying because they served their country deserve our support. Our politicians in Washington, D.C., need to create a new system that ensures all victims get the help they need, when they need it.

Finally Congress is stepping up, led by Sen. Patrick Leahy, D-Vermont, who held hearings last month. Many victims of asbestos need his help, particularly veterans who already served their country. These veterans continue to fight battles every day against deadly illness and a system that doesn't seem to care.

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