Florida Veterans Groups Oppose Bill That Seeks To Strip Asbestos Victims of Justice
TALLAHASSEE – The American Legion, Military Order of the Purple Heart, or MOPH, and Veterans of Foreign Wars, or VFW, of the Department of Florida, oppose a bill before the state legislature that would strip sick and dying Floridians, many of them veterans, from seeking compensation in court for their diseases caused by exposure to asbestos.
Asbestos has devastated thousands of Florida families, with more than 14,200 residents dying from asbestos-triggered diseases between 1999 and 2013 alone. Yet a bill introduced in the state legislature by Rep. Thomas Leek (R-Ormond Beach) – H.B. 741 –would erect a series of roadblocks that could delay or deny justice for current and future victims. The VFW, Legion a...
Asbestos has devastated thousands of Florida families, with more than 14,200 residents dying from asbestos-triggered diseases between 1999 and 2013 alone. Yet a bill introduced in the state legislature by Rep. Thomas Leek (R-Ormond Beach) – H.B. 741 –would erect a series of roadblocks that could delay or deny justice for current and future victims. The VFW, Legion and MOPH are especially concerned about the ramifications of H.B. 741 because veterans are far more likely to die from asbestos poisoning than the average Floridian.
Volunteers from these veteran service organizations have been walking the halls of the Capitol in Tallahassee expressing concerns about the bill, and will be expressing opposition at a Committee on Judiciary hearing on Thursday.
“I’m not sure what’s more outrageous,” said Florida’s VFW State Senior Vice Commander Glen Tilley, “That the House is even considering legislation that would deny justice to Florida veterans dying from asbestos exposure, or that the legislation was written by an organization that is carrying the water for asbestos corporations seeking to avoid accountability for knowingly poisoning an entire generation.”
According to an analysis of the most recently available federal data by the Environmental Working Group Action Fund, the national average rate for deaths from asbestos disease is 4.9 out of 100,000 Americans. In Florida, the statewide average rate is 5.3 deaths per 100,000.
However, a number of Florida counties have far higher rates than both the national and state averages, including Hernando County at 13.2, Citrus County at 11.7, Charlotte County at 10.5, Sarasota at 9.1 and Okeechobee at 8.4 deaths out of every 100,00. More than 30 counties in the state have higher death rates from asbestos-caused disease than the national average.
As a population, veterans and firefighters are disproportionately affected by asbestos. Although veterans make up just 8 percent of the U.S. population, they account for roughly 30 percent of Americans who contract mesothelioma – an extremely painful and always-fatal form of cancer that attacks the lining of the lungs, stomach and other organs. Its only cause is asbestos. According to the Florida Department of Veterans, there are more than 1.52 million veterans living in the state.
Firefighters and first responders also bear an outsize burden from asbestos-related deaths, largely caused by inhaling smoke laced with asbestos fibers. Research shows firefighters are twice as likely to get sick and die from mesothelioma than the average American. According to federal data compiled by the Bureau of Labor Statistics, more than 22,000 Florida residents are employed as firefighters.
In a study of nearly 30,000 firefighter deaths in three major cities from 1950 to 2009, the National Institute for Occupational Safety and Health found that firefighters were twice as likely as other Americans to die of mesothelioma.
H.B. 741 would make it harder for asbestos victims and their families to receive compensation by:
- Forcing asbestos victims to wait to file a claim until their attorney has worked up trust claims that promise little or no meaningful recovery for a victim.
- Drastically altering procedural rules for asbestos cases to force courts to reduce judgments in favor of victims.
- Authorizing defendant corporations to unilaterally delay trial repeatedly, so that victims could die before their day in court. Patients with mesothelioma usually die within months of diagnosis.
This one-sided legislation is the brainchild of the American Legislative Exchange Council, or ALEC. The group incubates and disseminates legislative proposals for use by state legislators. ALEC is heavily funded by companies with major asbestos liability, including Koch Industries, Honeywell and 3M. Similar legislation is being considered or has already been enacted in a number of other states. Asbestos can linger in the body for decades before illness strikes. Patients who develop asbestos-related diseases today were exposed a generation ago, when the asbestos industry was fully aware of the dangers but failed to warn and protect industrial workers, construction laborers, military personnel and others who were exposed on the job or by contact with exposed family members.
The concept of this one-sided legislation began at the American Legislative Exchange Council, or ALEC. The group incubates and disseminates legislative proposals for use by state legislators. ALEC is heavily funded by companies with major asbestos liability, including Koch Industries, Honeywell and 3M. Similar legislation is being considered or has already been enacted into law in a number of other states.
Asbestos can linger in the body for decades before illness strikes. Patients who develop asbestos-related diseases today were exposed a generation ago, when the asbestos industry was fully aware of the dangers, but failed to warn and protect industrial workers, construction laborers, military personnel, and others who were exposed on the job or by contact with exposed family members.
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