Posted on February 12, 2015
West Virginia is yet another state working to pass state legislation that eliminates asbestos victims’ rights. Asbestos victims are seeking truth and justice, but they are not finding it in in West Virginia S.B. 411.
West Virginians suffer some of the worst asbestos exposure with the fourth-highest age-adjusted mesothelioma death rate. Mesothelioma, a name few know until they are diagnosed, is a fatal lung cancer directly caused by asbestos exposure.
The Truth: If S.B.411 is passed, asbestos victims will likely be unable to receive the compensation they rightly deserve from the asbestos companies who unlawfully exposed workers, community members, and families to the carcinogen. If passed, the bill will take away victims legal right to privacy and rightful compensation needed to pay the unending tide of mesothelioma medical bills and basic costs of day-to-day living. In addition, the bill would undercut our right as American citizens to hold asbestos companies responsible for their unlawful and morally reprehensible actions.
Their Argument: This bill argues, without substantial proof, a solution to a problem that doesn’t even exist. Asbestos defendants claim that asbestos victims have been abusing the system, and wrongfully collecting full claims for their pain and suffering from multiple asbestos trusts. But asbestos victims are not wrong, they have the right to hold all parties responsible for their actions. Asbestos defendants are hiding behind the claim of transparency, unfairly shifting the blame from asbestos trusts to the victims themselves, to avoid paying high reparations.
Because the language of this bill is so insidious, asbestos companies are relying on the fact that most of the public will not understand the true nature of the bill and that opponents, mainly asbestos victims and anti-asbestos supporters, will not have time to rally their cry of opposition.
Consider This: If you were attacked by four people, would you only hold one of those people responsible for your injuries? No, because each person is responsible for the crime. This bill wants to limit asbestos victims rights to receive compensation from all responsible parties. The truth is that the many asbestos victims were not exposed to only one asbestos-containing product in only one place. For example, a Navy veteran, would have worked around more than one asbestos-filled gasket or pipe, with more than one type of asbestos, at various points throughout his service. Because of this, he is rightfully entitled to compensation from all responsible parties for all asbestos exposure events.
On proving exposure—which is already an arduous process for the victim—the claimant (victim) often needs to file against multiple defendants.
Stand with me in rejecting West Virginia S.B. 411. and protecting the rights of asbestos victims and American public health!
Now is the time to say NO, before another state falls prey to a deceptive bill to end asbestos victims’ rights.
Call Your Friends and Your Senators and Say “No” to Bill 411
|
West Virginia Senator |
COUNTIES |
PHONE |
|
|
Senator Mitch Carmichael |
Jackson/Mason/ Putnam |
304-357-7855 |
Mitch.Carmichael@wvsenate.gov |
|
Senator Ryan Ferns |
Ohio |
304-357-7918 |
ryan.ferns@wvsenate.gov |
|
Senator Ed Gaunch |
Kanawha |
304-357-7841 |
ed.gaunch@wvsenate.gov |
|
Senator Jeff Mullins |
Raleigh |
304-357-7831 |
jeff.mullins@wvsenate.gov |
|
Senator Tom Takubo |
Kanawha/Putnam |
304-357-7990 |
drtomtakubo@gmail.com |
In unity,
Linda