Vote Yes
for the FAIR Act
By Henry H. Wadahara
Past State Commander
California Department of the Veterans of Foreign
Wars
San Jose, California
California has more active residents serving
in the military today than any other state. It’s
no surprise then, that we have a strong history
of supporting our military community. I hope Senator
Dianne Feinstein and Senator Barbara Boxer can
continue this tradition and provide aid to sick
veterans by voting for the Fairness in Asbestos
Injury Resolution (FAIR) Act when it comes to
the Senate floor in early 2006.
There are roughly two and a half million veterans
in our state alone. During the years between the
Second World War and the Vietnam Conflict California
was a major center for military shipbuilding and
repair. From 1941 to 1974, for example, Hunters
Point Naval Shipyard in San Francisco and its
annexed site concentrated on building craft and
modifying or repairing naval ships and submarines.
Unfortunately, the military and private shipbuilders
used asbestos in ship construction up until the
mid 1970s. When inhaled, this material, can cause
horrible life-threatening diseases like asbestosis
and mesothelioma.
Decades later, many veterans are now being diagnosed
with these asbestos-related diseases. They face
staggering medical bills because their avenues
for obtaining compensation are limited. Under
the law, veterans exposed during their military
service can’t sue their employer, the federal
government.
The Senate has a chance this January to finally
help these sick veterans, while also aiding all
victims who suffer from asbestos-related diseases.
When the FAIR Act was considered in the Judiciary
Committee, Senator Feinstein, who sits on that
panel, worked hard to get this important bill,
which would establish a defendant-financed asbestos
victims’ trust fund, approved.
The FAIR Act would once and for all pave the way
for quick payments to flow to victims, including
US veterans exposed during service.
Asbestos litigation has become a sinkhole for
almost all of those involved. The courts are inundated
with lawsuits and can’t act quickly to help
sick victims. Government action is necessary.
There are over 730,000 people who have filed lawsuits
nationwide. These cases drag on for years and
as a result, critical compensation is delayed.
In effect, the FAIR Act would remove the problem
from the overloaded courts. By establishing a
standard procedure for all those who are sick
from asbestos exposure, the FAIR Act would save
on administrative costs and ensure that the money
would go straight to victims, and not to trial
lawyers. And sick veterans would be able to apply
for compensation without affecting their current
Veterans Administration Benefits.
The VFW and more than a dozen other national veterans’
organizations support this legislation because
it is the only solution to the asbestos litigation
crisis that will ensure sick veterans receive
the compensation they need and deserve.
Brave men and women have answered the call to
service in our country and now they deserve our
help and support. Senator Feinstein is to be commended
for her work on this critical legislation for
vets. I urge both Senators Feinstein and Boxer
to consider the benefits this legislation will
provide to sick veterans and vote yes for the
FAIR Act.
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