Association of American Physicians & Surgeons

The Voice for Private Physicians Since 1943

1601 N. Tucson Blvd  Suite 9

Tucson AZ  85716

www.aapsonline.org     

 

 

 

 

DON’T LET TRIAL LAWYERS KILL ASBESTOS TORT REFORM ON A TECHNICALITY

 

Vote likely this afternoon

 

(February 14, 2006) -- Sen. John Ensign of Nevada has raised a technical point-of-order that could give the trial lawyers the win they want on S. 852, the Fairness in Asbestos Injury Resolution (FAIR) Act.

 

This bill would create an asbestos compensation fund for true victims of asbestos-related illnesses, to be fully paid-for with the private funds of manufacturers.

 

Sen. Ensign claims that the legislation would increase spending by more than $5 billion in a 10-year period are made moot by the offsets in the bill.  The incoming private revenue from the companies that will be funding the entire program established by S. 852 will offset all spending. The net result is that there is no government or taxpayer liability of any kind in this bill.  Zero. 

 

The system is badly broken beyond repair, and the budget point of order raised by Sen. Ensign is a cynical, procedural attempt to kill the bill and cheat thousands of patients from fair compensation, while allowing trial lawyers to continue to hold the purse strings and call the shots. 

 

Unscrupulous individuals, including doctors, are claiming injuries even though there are none.  Further, attorneys troll for class action members in frequent television ads, with only "possible exposure" to asbestos -- not real harm, illness or injury -- required to join the class.

 

It has been estimated that there are approximately 300,000 claims currently pending.  But a recent study uncovered that as many as 90% of these claims may have been filed by unimpaired individuals.  On top of that, media reports have asserted that 9 out of 10 X-rays presented in trial by plaintiffs show no signs of disease.

 

Clearly, the system is being abused – it's being abused by opportunistic trial lawyers who are making millions off the current system.  This fraud must be abolished. 

 

Call or email your Senators RIGHT NOW – the vote could come this afternoon.

 

Congressional switchboard:  (202) 224-3121

 

http://www.house.gov/writerep/

 

Read the AAPS statement sent to the entire Senate

 

 

Association of American Physicians & Surgeons

1601 N. Tucson Blvd. Suite 9

Tucson, AZ  85716

(800) 635-1196

www.aapsonline.org

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