Mesothelioma Medical Experts Oppose Asbestos Trust Fund, Saying FAIR Act Hurts More than Helps

The Doctor-Patient Alliance forResponsible Asbestos Policy today repeated its call on the U.S. Senate to curefatal flaws in the proposed Asbestos Trust Fund bill (SB 852). Last July, the nationwide group of 34 doctors who treat mesotheliomapatients urged the U.S. Senate to remove the "one-size-fits-all" cap on awardsand install a due process hearing, at which patients could prove their specialmedical and financial hardship damages and have their award tailoredaccordingly. The claims review system would be modeled after the 9/11 VictimsCompensation Fund. In addition, the Doctor-Patient Alliance asked for assurances that dyingmesothelioma patients would be fairly compensated during their shortened lifespan. The detailed letter was sent to all 100 U.S. Senators. "We are disappointed that our suggestions were ignored," said Dr. HarveyPass, Chief of Thoracic Surgery at New York University Medical School. "Thisbill presented an historic opportunity to enact legitimate reforms that woulddirectly benefit present and future meso patients. Regrettably, the billactually hurts more than helps meso patients." "The $1.1 million cap is insufficient to meet the medical, hospital,travel, lodging and other costs of mesothelioma patients who pursue the besttreatments, which include surgery, chemotherapy, radiation, or a combinationof therapies," said Dr. Robert Cameron, Chief of Thoracic Surgery at UCLAMedical School. "The inflexible cap fails to address the ongoing medical costsof patients who survive long enough to outlive the median survival time butwho remain disabled and unable to earn a living. The bill ends updiscriminating against the early stage, usually younger, patients whose life-long medical costs are certain to exceed their award. "Mesothelioma must be treated as a chronic disease that requires alifetime of care and treatment," said Dr. Cameron. "The costs of stayingalive will far surpass the bill's arbitrary cap. Worse, some patients maydecide against expensive novel treatments to stockpile the meager'compensation' for their family." In addition, the Alliance argues that any awards should be made while themoney can be effectively invested in life-extending cures. "I doubt very muchthat the new bureaucracy will be up and running within my life time," predictsDr. Bret Williams, age 52, a two year meso survivor who has incurred over$600,000 in medical bills. "It will take at least two years for the newfederal agency to start paying out claims, while the median survival formesothelioma patients is about nine months." Dr. Williams, who has resolved his third-party civil claim, noted thatmost states have laws that allow in extremis meso patients to obtainpreferential trial settings. For example, in Colorado and California, courtsare required to set hardship meso cases for trial within 120 days. "I don'tbuy the rhetoric that an untested, under funded and at this point non-existentfederal agency will pay out fair compensation faster than the court system,"said Dr. Williams. The Doctor-Patient Alliance has concerns that the bill will undulyrestrict access to the Fund based on industry-friendly exposure criteria. "TheBill provides only for those with prolonged, occupational exposure. Itexcludes those with neighborhood exposure, or exposure only in schools orhomes or while doing 'shade tree mechanic' work. It completely knocks out thefirst responders to the World Trade Center collapse," said Dr. Williams. "My family would not have been compensated under the Trust Fund, since Iwas exposed while doing sporadic home repairs and while working withvermiculite potting soil," noted Dr. Williams. "The U.S. Senate should correct these serious flaws or start over," saidDr. Pass. "Our government must do better when it comes to federal compensationinitiatives. Recent studies of similar programs, like the Black Lung fund,make me skeptical that the asbestos trust fund will work. The motives may havebeen noble, but every federal compensation program to date has been marred bymuch higher costs, more claims than predicted, serious delays in meeting thedemand and long intervals between the date the bill became law and the day thegovernment started writing checks." "I have a message for Dr. Frist," said Dr. Williams. "We belong to aprivileged profession. Years ago, we dedicated ourselves to healing the sick,to caring for people from all occupations. It's been said that politics is'medicine on a grand scale.' The principles guiding patient care should informyour decisions today. Let's ban asbestos. Let's fund research on effectivetreatments to stave off the asbestos health crisis. But let's not bail outindustry at the expense of victims. Dr. Frist, do no harm." For more information, see http://www.drpatientalliance.org .