Black heads east to lobby for amendment
By ROGER MORRIS Western News Publisher
Dr. Brad Black is being whisked off the Washington, D.C., for last minute lobbying for a much-needed amendment to the Fairness in Asbestos Injury Resolution Act of 2005.
Black, director of the Center for Asbestos Related Disease, is needed to discuss the importance of the diffusion capacity test (DLCO)commonly associated with many Libby residents exposed to tremolite asbestos, which U.S. Sen. Conrad Burns is trying to add to the act as an amendment.
The lack of the DLCO standard in FAIR disqualifies 40 percent of the Libby victims who would otherwise qualify for immediate compensation from a national trust established by the act for asbestos victims. Burns has said he will oppose FAIR without the additional language for the test.
Two Senators — Sen. Tom Coburn, a doctor from Oklahoma, and Sen. John Cornyn of Texas — have said they oppose any amendments to the existing bill.
Burns has scheduled a meeting Friday in the nation's capital with Black, Cornyn, Coburn and Senator Max Baucus.
"It's to explain the specific nature of the Libby problem and why the test is needed," said Matt Mackoviack, a Burns aide.
The language for the DLCO test was originally in the act but taken out when it cleared the Senate Judiciary Comittee for consideration on the floor last year. Burns provided language two weeks ago to Judiciary committee chair Sen. Arlen Specter's office that would include the DLCO standard.
Baucus worked with Specter to develop the so-called "Libby fix" to ensure adequate compensation for people exposed to the deadly amphibole asbestos that contaminated the vermiculite formerly mined and processed in the Libby area by W.R. Grace.
Under the Libby fix:
* Libby claimants are exempted from the exposure criteria in the bill - they just have to establish that they lived, worked or played within a 20-mile radius of Libby for any 12-month period prior to Dec. 31, 2004.
* Libby claimants are exempted from the bill's medical criteria; the bill establishes special medical criteria applicable only to Libby claimants.
* Libby claimants can choose to have their claims referred to an expert physicians' panel, which will utilize the special medical criteria developed for Libby claimants to ensure that they are treated fairly.
* If the Libby claimants comply with the Libby-specific medical criteria, they will receive a Level 4 award, or $400,000, essentially establishing a floor of compensation of $400,000 for sick Libby claimants. Those payments would be paid out $160,000 for the first year, $120,000 the second year and $120,000 the third year.
Both Burns and Baucus are concerned that without the DLCO test, about 40 percent of the Libby victims would not qualify because of the differences seen in the disease compared to typical asbestos from expsoure to chrysotile asbestos.
FAIR is scheduled for discussion on the Senate floor next week.
"It's happening fast," Mackoviack said.
Essentially the bill creates a $140 billion trust for asbestos victims and it eliminates all legal liability for the asbestos companies besieged by thousands of lawsuits. More than 70 U.S. companies have been forced in bankruptcy proceedings because of asbestos injury claims.
Opponents to the bill come from both sides of the aisle in the Senate. The Senate minority leader, Sen. Harry Reid of Nevada has said he will oppose the bill questioning the adequency and sovency of the trust fund. That is a concern echoed by other senators — both Democrats and Republicans. Initially, that fund was proposed at $200 billion.