Legislation and Mesothelioma go Hand in Hand as Victims Rights War with Big Business

Concerns about the asbestos-related cancer,mesothelioma

, are so great in California that local lawmakers are considering legislation that would take away the rock serpentine's designation as that state's official state rock.

Why? California has the highest-rate of asbestos-related deaths, and the the olive green rock found throughout the state does contain small amounts of asbestos.

Geologists, on the other hand, say that rock is being unfairly targeted by advocates of people with mesothelioma, as well as the lawyers who represent them. The rock contains chrysotile, a form of asbestos found to be less toxic than other types of asbestos. However, large quantities of dust from these rocks is potentially dangerous with long term exposure.

The problem is, say some opponents of the bill, that stripping serpentine of its state rock designation could lead to law suits by property owners, and even museums that display the rock. The potential for litigation as a result of the legislation is huge, opponents say.

Mesotheliomalegislationseven over a state rock-is often an emotional issue, because the cause of the incurable cancer is a direct result of exposure to asbestos.

In unrelated legislation, RI Rep. Patrick Kennedy introduced a bill that will "secure the promise of personalized medicine for all Americans." While not directly related to mesothelioma, this bill allows patients to act quickly and in a variety of ways for treatment. Because mesothelioma progresses so rapidly and treatment options vary from patient to patient, the bill would allow patients to receive the right treatment in a timely manner.

Mesothelioma laws are being introduced and revised throughout the world as more and more country's try to tackle handling various lawsuits that come from asbestos exposure. In Scotland, for example, a review of how wrongful deaths in industry are handled was prompted by workers who died of mesothelioma. In that country, thousands of shipyard workers contracted the cancer after being exposed to asbestos fibers.

The first asbestos-related lawsuits were brought in 1970, and since then local and federal lawmakers have tried to tackle this issue through legislation. So many companies were going bankrupt thanks to successful lawsuits, that Congress enacted a law in 1994 to help companies deal with such lawsuits. Under Chapter 11, firms who file for bankruptcy receive an automatic stay of all actions in which they are the defendant.

Many advocates have complained over the years that the legislation proposed has almost always been created to protect big business, rather than those affected by asbestos exposure. With big business on one side, and unions, victims and trial lawyers on the other, it's been a heated and controversial issue for more than three decades.

Legislation and Mesothelioma go Hand in Hand as Victims Rights War with Big Business

By: Sandy Carlin Nelson

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