CBO Analysis Concluded That Those Covered by Asbestos Bill Would Experience
Long Delays. For those asbestos victims who are covered by the bill, there will be
significant delays in receiving compensation. The Congressional Budget
Office concluded that the trust fund "would not be fully operational
until at least a year following enactment of the legislation." While
the fund is being established, all pending claims not already in court
would be dismissed, and victims would have to petition the trust. However,
the American Lung Association has reported that the survival rate for
Mesothelioma victims is about four to 12 months from the onset of symptoms.
[Congressional Budget Office cost estimate for S. 852, 8/25/05, p.6; Mesothelioma
Fact Sheet, American Lung Association,http://www.lungusa.org/site/pp.asp?c=dvLUK9O0E&b=35096]
Under Current System, Victims Have Their Cases Heard in Less Than a Year. The vast majority of Mesothelioma victims, and those with other very serious
asbestos-related cancers, have their cases heard in a year or less. At
least 22 states, or jurisdictions within those states, have established
clear procedures to handle these exigent cases as priority matters. That
means that these cases are being heard in California and Colorado within
120 days; in New York, Washington State and West Virginia within 6 months;
and generally within one year in Connecticut, Florida, Georgia, Illinois,
Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota,
Missouri, Ohio, Oregon, New Jersey, Pennsylvania, and Rhode Island. There
is also a growing trend for the state courts and legislatures to establish
systems to preserve the rights of the less ill, while freeing up court
resources to handle the more serious cases.