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Mass Tort Update Asbestos Update
Part 5: Asbestos Companies' Lobbying Efforts Pay Off
The Asbestos Story: America's Greatest Industrial Tragedy
A Tale of Deceit, Design & Temerity
By Christopher M. Placitella
Cohen, Placitella & Roth, P.C.
Unfortunately, the powerful industry is successful in its national campaign of lobbying state legislators to enact laws that force all Asbestos and silicosis claims by workers to be pursued through workers' compensation, thereby eliminating the ability of workers to bring Asbestos lawsuits before a jury.
This provides little justice and inadequate compensation to those wrongfully injured. For the next 30 plus years, many members of the Asbestos industry, apparently believing that they can no longer be sued except in workers compensation court, generally act with impunity concerning the health and safety of the American working public.
The following is just some of the evidence uncovered years later in litigation clearly demonstrating the lack of respect held for the health and safety of the American worker by the Asbestos industry members during this period.
Medical studies sponsored by many Asbestos companies are doctored. Findings concerning the relationship between Asbestos and cancer are edited and removed from the published report:
A meeting of the representatives of the underwriting companies was held in New York . It was the feeling of this group that all references to cancer and tumors should be omitted. .
That fact that workers will get sick becomes a given:
We know that you will never lose site of the fact that perhaps the greater hazard in your plant is with men handling Asbestos. Because just as certain as death and taxes is the fact that if you inhale Asbestos dust, you get Asbestosis.
Medical Researchers pleas to industry to protect and warn workers are ignored:
Since Kaylo [brand Asbestos insulation] is capable of producing Asbestosis, it is better to discover it now in animals rather than later in industrial workers.
* * *
Reference is made to your memo of September 15 regarding the warning label that should appear on Kaylo. Are you saying that we have to do this now? I naturally would like to delay this requirement as long as possible.
Instead of putting workers' health first, some companies actually estimate whether it is cheaper to pay workers compensation claims or institute the controls and steps to insure workers do not get sick. Workers compensation costs are forecasted and simply factored into the price of the products.
Thus, in a confidential memo a U.S. Rubber Executive explores the alternatives as to how to handle the company's Asbestosis problem." With respect to workers who are already suffering from the disease:
The alternatives that come to my mind at present would be : (1) Disability Allowance when employee can no longer work (2) Termination Allowance (3) Maximum Workers Compensation Exposure (4) estimate of any possible medical expense (5) estimate of any cost to the company if vocational job change is necessary and resulting learning cost and possible loss in employee efficiency cost.. This information should be furnished to our division management for the possible estimate of a reserve to cover this cost and also to build into our cost of production a reasonable amount of this exposure for pricing purposes.
No longer worried about explaining to a jury why workers are not being protected, certain industry members treat these human beings as expendable Americans. Thus, for example in a meeting between officials of the UNARCO Asbestos Company from Patterson, New Jersey, and Johns Manville, Manville's attorney callously brags about its policy of silence and death.
Mr. Brown (of JM): UNARCO managers are a bunch of fools for notifying employees who have Asbestosis.
Mr. Roemer(of UNARCO): Mr. Brown do you mean to tell me you would let them work until they drop dead.
Mr. Brown (of JM): We save a lot of money that way.
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