The Hard Facts

  • The vast majority of asbestos victims are very sick people, stricken by severe cancers due to their asbestos exposures.  These include persons with Mesothelioma, many of whom will die within 6 to 18 months from being diagnosed with the disease.
  • There is no evidence of any general or systemic fraud with respect to asbestos trusts.  There are safeguards within the trust system to guard against fraudulent claims.
  • All claimants have to bring forth valid evidence of injury. Claims that do not meet the burden of proof requirements are rejected.  Once this burden of proof is met, a claimant/victim will be eligible for a settlement with the trust.
  • Victims have a right to seek recovery from all of the companies involved in causing their injury. Notwithstanding, studies show that trusts never come close to compensating victims for all of their damages.  The General Accounting Office – the research and investigatory arm of Congress – has found the median payment to claimants from asbestos trusts is in the range of 25% of damages and injuries.
  • If transparency is truly the aim of the FACT Act, the proposed policy would apply to both victims and defendant asbestos companies — but this is not the case.
 
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