By Joseph R. Wheeler,
Executive Editor
Ancil Delaney served his country as a
soldier during World War II and returned
home to spend the next 30 years of life
working for Johns Manville Corporation
in New Jersey. His job involved working
in a plant that produced roofing shingles
containing asbestos.
He died a few years after the class
action settlement that sent Johns Manville
into bankruptcy to avoid paying the full
dollar amount of claims employees filed
for unknowingly working with substances
that caused cancer. Ancil L.
Delaney died penniless never having
received but a fraction of his share of the
asbestos settlement.
On February 15, 2006, Senate Bill
852 was narrowly defeated. The bill
would have established a $140 billion
trust fund to be administered by the federal
government to handle asbestos related
claims from victims. The trust fund
would have limited the amount of claims
victims could assess against any single
company (involved in the mining of the
substance or in the production of products
containing the substance).
Some of the most vocal opponents
against the bill include Dick Arney,
(Republican), Texas, the AFL-CIO Labor
Union, Ted Kennedy, and Minority Leader,
Harry Reid.
The issues regarding asbestos are as
pervasive as any other national crime in
America and the dollars associated with
the mining of the raw minerals and the
subsequent usage in more than 5,000
products exceeds the gains from street
crimes so commonly depicted in media
today.
When the fact that asbestos continues
to be mined in South Africa, Canada,
China, Australia, Kenya, USA, and Zimbabwe
the worldwide scope of the pandemic
of cancer caused from exposure
to this substance is incalculable.
It is easy to comprehend the stereotypical
images of criminals associated
with the production and sale of illegal
drugs; a masked bank robber with a gun;
and a bookie locked away in a dark room
taking illegal bets. However, it is difficult
at best to perceive that some of America's
largest corporations have colluded with
the nation's largest insurance companies
to hide the impact of products that have
caused cancer in literally hundreds of
thousands of Americans and countless
others around the world for more than a
century.
Some form of asbestos has been
used and in many cases is still used in
home construction products, cosmetics
(talc), kids' toys to include crayons and
sandbox sand; the brake and clutch linings
on automobiles trucks and industrial
equipment; paints; agricultural products
to include animal feed; and even planting
soil (vermiculite) used for indoor plants.
A silent killer, asbestos can only be
detected under a microscope. Once
inhaled, there is no evidence that the particles
ever exit the body. The latency period
for the cancers produced range from
10 - 40 years.
Public records from court cases
have provided irrefutable evidence taken
from confidential company correspondence
that Bendix Corporation (now
Honeywell), Ford Motor Company, General
Motors, Exxon, Dow (Union Carbide),
DuPont, The Travelers Insurance
Company, Metropolitan Life Insurance
Company, Dresser Industries (now Haliburton),
National Gypsum, Owens-Corning,
General Electric, Johns Manville,
and W.R. Grace are a few of the companies
that have profited for nearly a century
from the production and usage of asbestos
at the expense of the medical health and
lives of unknowing Americans and citizens
of the world.
The extent of the industry's knowledge
and complicity in literally murdering
innocent workers is reflected in a
1958 National Gympsum confidential
memo made public at trial indicating the
following: "We know that you will never
lose sight of the fact that perhaps the
greatest hazard in your plants is with men
handling asbestos. Because just as certain
as death and taxes is the fact that if you
inhale asbestos dust you get asbestosis."
A 1968 memo from a Johns Manville
attorney to the Travelers Insurance Co.
stated: "Confidentially Johns Mansville has
been contaminating the "Hell" out of both
the air and the water for quite some time."
A memo written by Travelers Insurance
Company in 1969 stated: "control of
asbestos in the community air is impossible
when you consider the contribution
from brake linings abrasion of piping,
house siding or other materials widely
handled by the general public."
The criminal neglect is implicit
because the health risks from asbestos
have been known for more than 100 years.
In 1900, Doctor H. Montague Murray,
a London physician discovered asbestos
fibers in the lungs of a 33 year old man
who had worked 14 years in an asbestos
fabric factory. The worker died of severe
pulmonary fibrosis that the doctor linked
to his occupation.
The first case of death attributed to
asbestos was published in 1924 in the
British Medical Journal. The first case
published in the United States appeared in
the 1930 journal of Minnesota Medicine.
More recently authors have used
court documents to write definitive
books on the subject of asbestos. These
authors and their books include, Paul
Brodeur, Outrageous Misconduct; Barry
Castleman, Asbestos: Medical and Legal
Aspects; Michael Bowder, Fatal Deception;
and Andrew Schneider, An Air That
Kills.
The companies mining and producing
the toxic products are not alone in
the profiteering. The legal system has
also made asbestos cases a profit center.
In March 1991, The Report of the
Judicial Ad Hoc Committee on Asbestos
Litigation revealed between 200,000-
265,000 Americans had died from exposure
to asbestos.
The court systems have been inundated
with asbestos related cases. As of
2004, records show that each year 600-
700 appellate opinions have involved
issued regarding asbestos claims. The
figure does not include cases that were
dismissed or settled out of court.
A Rand Study shows that less than
half of the money awarded to victims in
asbestos cases actually went to the victims.
The bulk of the money went to
lawyers and to cover legal fees.
Attorneys such as Peter Angelos
became wealthy representing asbestos
victims. In 1993, Angelos purchased the
Baltimore Orioles, along with his partners,
for $173 million.
Reports show that victims in many
cases have received less than 10% of the
awards in their cases.
On January 7, 2005, The White House
released a press statement covering
President Bush's Asbestos Litigation Conversation
that took place at the Macomb
Center for the Performing Arts, Macomb
Community College, Clinton Township,
Michigan. An excerpt from the release
quotes the President:
"Well, first of all, we spend about
$80 billion on asbestos litigation, and
that could end up being $200 billion over
time. Secondly, these asbestos suits have
bankrupted a lot of companies, and that
affects workers here in Michigan and
around the country. Thirdly, those with
no major medical {sic} impairment now
make up the vast majority of claims,
while those who are truly sick are denied
their day in court. We'll hear a little bit
more about that-we'll hear more about
that a little bit later."
Lester Brickman, law professor at
the Benjamin N. Cardoza School of Law at
Yeshiva University participated in the
panel discussion with the President and
made these remarks:
"More than 100,000 workers have
died as a consequence of asbestos exposure.
But lawyers have taken this tragedyand turned it into an enormous money
making machine, in which, as you say,
baseless claims predominate."
Some states have taken measures to
limit the number of cases that can be filed
in their jurisdictions. Georgia passed a
reform bill that requires an out-of-state
plantiff to provide "prima facie evidence
of physical impairment" that shows "to
reasonable degree of certainty" that exposure
to asbestos was "a substantial contributing
factor" to the plantiffs' injuries.
Attorneys for the plaintiffs complain
that this new requirement would foreclose
98% of the pending claims, and
that the law is unconstitutional.
The federal government is not without
responsibility in this national tragedy.
The National Clean Air Act was not
enacted until 1970 and indicated that "more than 100 million American workers
were exposed to asbestos in the
workplace." That's nearly three quarters
of a century after asbestos was scientifically
proven to cause cancer.
The fact that the asbestos industry's
lobbyists contributed millions of dollars
each year to political action groups no
doubt helped to defray any meaningful
legislation. According to an article by
Andrew Schnieder and Carol Smith, entitled
Asbestos-It's The Killer That Won't
Die, published on February 11, 2000 in
the Seattle Post Intelligencer, the W.R.
Grace company alone contributed
$764,618 to political action committees.
According to the National Cancer
Institute, the 1989 Environmental Protection
Agency action to ban asbestos, did
nothing to stop the production of existing
products. It only banned any new uses of
the substance.
As put by Schnieder and Smith: "Almost everyone believes that the mining,
production, sale and use of asbestos
in America has been banned. Almost
everyone is wrong."
A contemporary clergyman has been
quoted for saying, "Perhaps the greatest
victory of the Devil is that he has convinced
humanity that He does not exist!"
Sources for this article: The National
Cancer Institute; Seattle Post Intelligencer;
EWG-The Asbestos Epidemic In
America; The White House Press; and The
Environmental Protection Agency
|