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I have dedicated my law practice for the last 25 years to the wrongfully injured and their families. The purpose of this blog is not to provide legal advice. If you need legal help you can contact me at cplacitella@cprlaw.com or visit our website at www.cprlaw.com. Thank You

Tuesday, January 03, 2006

Families decry asbestos relief plan

The Yomiuri Shimbun
Do the government's relief measures, decided Tuesday, for patients and bereaved families of victims who suffered a disease caused by asbestos go far enough?
Six months have passed since Kubota Corp. released its findings on asbestos-related disease suffered by those who worked for the major machinery maker or lived near its plant in Amagasaki, Hyogo Prefecture. Since then, the issue has changed from being solely a work-related disease to a general pollution problem.
"We have put in force relief measures without delay and we have ensured there are no loopholes," a senior Environment Ministry official said.
The government views the policy as an administrative measure and denies any responsibility for the spread of the asbestos-related disease.
The government has agreed to pay 2.8 million yen in lump-sum benefits and about 200,000 yen in funeral assistance next fiscal year to each bereaved family of victims of asbestos-related diseases who had worked at an asbestos-related plant or neighbored one.
Initially, the Environment Ministry had decided to pay 2.4 million yen--the average monthly medical cost of 100,000 yen multiplied by 24 months, which is the average treatment period--to the surviving family members of deceased workers. But the ruling coalition parties urged a rise in the benefit level.
Amagasaki, where the relationship between the use of asbestos at local plants and the mesothelioma cases was first highlighted, is in the constituency of New Komeito Secretary General Tetsuzo Fuyushiba.
A joint project team, headed by the Liberal Democratic Party and New Komeito, temporarily agreed to raise the benefit level by 200,000 yen to 2.6 million yen, however, New Komeito later requested even higher payment.
An additional 200,000 yen was agreed as condolence money to families that looked after a patient and another 200,000 yen to assist with funeral costs which raised the total payment to 3 million yen.
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Victims remain dissatisfied
Although Environment Minister Yuriko Koike says she has demonstrated her leadership in compiling the relevant bills, suffering patients and bereaved families of the victims remain dissatisfied.
"It's not enough. People who did nothing wrong have been victimized," said Sugio Furuya, secretary general of Ban Asbestos Network Japan. He plans to ask for a higher payment.
"[The government payment] is good as an emergency relief measure," said Rikkyo University Prof. Takehisa Awaji, who has studied problems related to pollution. "But there is still a need to determine who is responsible for the problem and to get as many companies as possible to take on the burden of the relief cost and compile a comprehensive support program."
The latest government measure will be reviewed within five years to accommodate possible increase or fall in the number of asbestos-related mesothelioma patients.
However, experts say it takes an average of 38 years for the illness to surface after inhaling asbestos.
Even some in the Environment Ministry say the government's failure to take appropriate measures years ago will be discovered if the number of mesothelioma cases continues to rise after 2010--38 years after the World Health Organization first pointed out the link between asbestos and mesothelioma in 1972. The government failed to completely ban the use of asbestos at this time.
The Health, Labor and Welfare Ministry's Chemical Hazards Control Division says it has taken appropriate measures in regulating asbestos.

Asbestos use in cars defended
The Japan Automobile Manufacturers Association on Tuesday released its survey on the use of asbestos in domestically marketed automobiles by its 14 member companies.
Although all the member companies announced in October, 1996, that they had completely stopped using asbestos, asbestos continued to be used on 1.64 million vehicles manufactured by nine makers including Nissan Motor Co., Suzuki Motor Corp. and Toyota Motor Corp.
Asbestos was used in three parts, including the packing to close the gap in pipe connections, where it is not possible for the asbestos to disperse, the association said.

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