Asbestos Watch Newsletter
Spring 1995

Featured Articles:

The Asbestos Workers' Revenge!!

Other Articles:

"Killer Chrysotile" Unleashed on Developing Countries
Fibreboard Settlement
CCR Class Action Continues to Trample Justice
New Literature on the Hazards of Asbestos
Asbestos Victims Survey Results
White Lung Members Should Educate Congress and the President
New Asbestos Standard Adopted
Manville Trust Pays Ten Cents on the Dollar

"Killer Chrysotile" Unleased on Developing Countries
by Jacques Boone

The most widespread and dangerous form of asbestos is Chrysotile asbestos. This asbestos is responsible for more death and disease than all other forms of asbestos. While other forms of asbestos like amosite and crocidolite have shown to kill people in very large numbers, these forms of asbestos have not been used much for the last thirty years.

By far, the most prevalent form of asbestos in United States buildings is Chrysotile. There were over 800,000 tons of Chrysotile added to building supply products in the United States just in the year 1974.

Last year, the United States used less than 25,000 tons of asbestos, this is less than any time since 1903. Today the hazards of asbestos are so well known that no one wants to buy or to sell it.

The Asbestos Industry still dreams of selling asbestos to the public and has pushed many 'big lies'; one of the most famous is that Chrysotile asbestos is not dangerous and does not cause cancer. The Asbestos Industry dreams of a "safe asbestos" and hopes that the public will not demand the removal of "Killer Chrysotile." The Asbestos Industry has a century of lies, conspiracy and of concealing information concerning the hazards of asbestos. Whenever you hear a university professor or doctor or lawyer repeat the lies of the Asbestos Industry, try to find out how much money they have made working for the industry.

After most asbestos was banned in the United States, the industry concentrated on selling it to developing countries. For many years, asbestos sales increased to these poor countries, threatening to make millions of victims worldwide. We are glad to announce that last year U.S. sales of asbestos went down to a few thousand tons, and sales of asbestos have also gone down worldwide for the first time in thirty years.

Fibreboard Settlement
by Paul Safchuck

Many asbestos victims have heard about the Fibreboard Class Action in the Court of Honorable Judge Parker.

Fibreboard made asbestos products used in building and ship construction. This company was being sued by so many asbestos victims that they threatened to go into bankruptcy if their insurance did not back them up. In the 1980s, this company used the trick of trying to pay asbestos victims in "fiber bucks." These were notes they wrote which promised to pay in the future.

Then Fibreboard sued their insurance companies and won over 3 billion dollars in money which should be used to compensate asbestos victims who were killed or diseased by Fibreboard's asbestos products.

Fibreboard contacted the famous "class action" attorney Ron Motley and a West Coast attorney who had handled many of the suits against them, Harry Wartnick. Fibreboard offered to have these attorneys and a few others represent all present and past victims through a 'compensation trust' to dole out the money.

Another big happy family of asbestos defense lawyers, Ron Motley and a friendly court cooked up the present class action under the Court Name of Ahearn v Fibreboard, CS number CA:No.6:93cv526.

If you want more information on this, write the Clerk of the Court and request it from the below-mentioned address. If you want to know how much money the attorneys are getting, ask for copies of the payment applications which are to be presented to Judge Parker at the end of May.

If you think you could have been exposed to Fibreboard asbestos and did not understand that you should apply to the Court structure for benefits until you read this article, write the Judge and tell him that. There has been a great deal of confusion as to what is going on with this class action; however, of all the judges handling these type matters, Judge Parker has been the most open to the needs of asbestos victims.

Attached to this article is one of the payment suggestions considered by the Court. This is one of the most generous payment suggestions made to the Court. Note that only 2 billion of the 3 billion is accounted for. Where is the other billion???

These amounts are very small. Asbestos Disease I (ALDI) is a term to be used for those asbestos victims who are sick on oxygen and can barely walk. Asbestos Disease II (asbestos victims who are sick). The amounts of money offered the victims are an insulting rip off of justice and compensation. In addition to the many unfair and rotten parts of the Fibreboard deal, the victims cannot opt out.

Further, the Court is presently deciding whether or not inclusion in this class action, which you are automatically included in, will keep you from getting Long Shore and Harbor Workers Benefits.

Many asbestos victims feel it is important to write Judge Parker and compliment him for respecting the White Lung Association, but asking him (1) not to deny justice and compensation to victims and (2) not to cut off all the rights to trial that victims need and (3) not to cut off programs like the Long Shore and Harbor Workers Act for asbestos victims and (4) to tell him they do not understand the settlement.

Honorable Judge Parker, US District Court, 221 West Ferigison, Tyler Texas 75702

When over a quarter of a million asbestos victims voted NO and opted out of the Class Action, the 22 companies protected by the CCR deal grew nervous. These asbestos defense lawyers like Lawrence Fitzpatrick, John Gaul and John Aldock have made a their careers by eliminating or limiting compensation due to asbestos victims. These elements have linked up with Gene Lockes and Ron Motley to push through what I believe to be one of the most famous sellout agreements of all times. This is under the case name of Georgine v. Amchem Products, No. 94-2153.

These elements work closely with Judge Reed (who is the ring master in the Fairness Hearing Circus) and Judge Weiner (who is top Judge in overseeing the horrible CCR deal). Judge Weiner was too ashamed of himself to attend a recent judges and hand-picked lawyers meeting. His stalling of justice has made a mockery of the federal court system. He has single-handedly held up federal court cases for years.

The White Lung Association has lodged numerous protests against the discriminatory, unfair and unconstitutional activities of the Weiner Court. These have fallen on deaf ears. We have also protested the unfairness of Judge Reed, Weiner's puppet.

The Supreme Court should be alerted to the fact that the district Judges are not bringing justice to the asbestos victims. If you have a federal case that is not being tried, please write:

Supreme Court Justice W. Reinquest
Supreme Court
Washington D.C.

Tell him you are a victim, explain your case, and ask that it be decided when you can get compensation. Judge Weiner and Judge Reed are trampling on the Constitution. They are not addressing the problems identified by Justice Reinquest when he directed the Multi-district ligation panel to solve the problems of no money going to victims.

Remember the CCR companies represent billions of dollars of compensation but are only suggesting to pay 9,000 victims a year. At that rate, the people presently signed up would not be paid until 2011.

Recently, the asbestos lawyers have asked Judge Weiner to punish Sheppard Hoffman, famous mesothelioma expert attorney, because he dared sue some of the CCR companies for a man who had no one else to sue.

The outrageous acts of Judge Weiner and Judge Reed must be reported to the Supreme Court. All asbestos victims who have not gotten their federal cases heard or who have not received payments from CCR companies should write Judge Reinquest.

New Literature on the Hazards of Asbestos

The Turner and Newall asbestos documents, particularly concerning their U.S. subsidiary, Flexitallic. Get a packet of over 100 documents from the WLA.

RECOMMENDED FOR ALL ASBESTOS VICTIMS; ASK YOUR LIBRARY TO ORDER THESE BOOKS.

Volume XXII The Identification and Control of Environmental and Occupational Diseases: Asbestos and Cancer, edited by M.A. Mehlman, Princeton Scientific Publishing Co. Inc. P0 Box 2155, Princeton, NJ 08543

Volumes 9 and 10 of series Sourcebook on Asbestos Diseases; Current Asbestos Legal, Medical and Technical Research, edited by George Peters and Barbara Peters.

Asbestos Victims Survey Results
by Michele Hax, Licensed Clinical Social Worker

First, the results of the last survey are as follows: (These are listed in order of preference and number of times mentioned)

1) The main concern expressed was how to get and pay for health care.

2) When will I or my family be compensated? How will my wife and family live if I cannot work or die due to my asbestos disease?

3) Is my lawyer cheating me?

Questions for 1995 Survey

1) What is your main concern or problem?

2) How long did you wait or have you waited for compensation?

3) Check the following benefit programs you receive:

Social Security Disability
Medicare
Medicaid
Retirement from Employer
Workers Compensation
Long Shore Harbor Workers
3rd Party lawsuit against asbestos manufacturers

Attention

If you cannot file a lawsuit but are still sick with asbestos disease, you may find help from the Asbestos Victims Special Fund Trust. Their new address is: Asbestos Victims Special Fund Trust, 1500 Walnut Street, Suite 1203, Philadelphia, PA 19102, Phone: (215) 735-1188, Hotline: (800) 447-7590, Fax: (215) 735-9939.

The White Lung Association would like to thank the Asbestos Victims Special Fund Trust for financial support which enabled us to print our pamphlet "Killer Chrysotile-The Truth About the Biggest and Most Dangerous Asbestos." Reprints are available for $2.00 from the WLA.

White Lung Members Should Educate Congress and the President
by Paul Safchuck

This is an invitation by the White Lung Association, a national non-profit asbestos victims' organization, to hold an educational meeting with members of the U.S. Congress and President Clinton.

The topic of discussion will be the millions of people that have, are and will be exposed to asbestos and will be injured and made asbestos victims. Further, we wish to discuss the fact that we are being treated worse than the most horrible criminal by the corporate officials of the asbestos industry and some U.S. court Judges and lawyers.

The central problem is the delaying, denying and defrauding millions of past, present and future people, injured and made asbestos victims.

Meeting arrangements can be made by contacting James Fite or Paul Safchuck through the WLA at P0 Box 1483, Balto., MD 21203.

Hundreds of millions of compensation dollars that are supposed to be paid to victims are being wasted in legal and court costs. The White Lung Association has a plan to compensate victims immediately and fairly and is asking for a meeting with the Congress and President to discuss solving this problem.

Contact President Clinton at the White House Hot Line (202) 456-3121.

WLA members demonstrate for Justice and Compensation Now

New Asbestos Standard Adopted
by Jim Fite

On August 10, 1994, the Federal Register printed the new asbestos standard.

The standard is being adopted by states and by July 1, 1995 every worker in the U.S. is covered. The new standard slashes the Permissible Exposure Level in half. The new standard only allows 0.1 fibers per cubic centimeter of air before the area is regulated with engineering controls and personal protection.

The new law applies to anyone working in a building where demolition, removal, repair or construction is taking place. People have a right to request from the building owner the identification of any asbestos containing material or presumed asbestos containing material which is being torn up or disturbed. This means that if you are wondering if the ceiling tiles or insulation being disturbed to run your computer cables are asbestos, you have a right to be informed whether or not the material contains asbestos, and the air must be monitored to prevent exposure over 0.1 fiber/cubic centimeter.

The new law also makes four categories of asbestos workers and includes such work as roofing, siding and tile jobs which were not covered before. Also, janitorial workers who clean asbestos dust and debris up are classified as asbestos workers and protected by the standard.

The standard still allows a worker to request a powered air purifying respirator if they are required to wear a respirator. There are many other changes to the new standard. Copies can be obtained from the WLA for $1.50.

Manville Trust Pays Ten Cents on the Dollar
by Jim Fite

After eight years of legal battles and millions of dollars of compensation funds wasted, New York Federal District Judge Weinstein has approved the Manville Trust plan to pay victims 10 cents on the dollar for their claims. Contact your lawyer or the Trust for a check representing 10% of your Manville money.

Over three hundred thousand victims have applied for compensation but less than one in ten has been paid. Thousands have died while Judge Weinstein stalled. This is the same Judge who limited the compensation of veterans injured by Agent Orange. He is well known as a friend of the toxic corporations. His crocodile tears for asbestos victims don't fool anyone.

I believe Judge Weinstein and Judge Lifland have been putty in the hands of Manville and the other asbestos companies. They have set the stage for all future sellouts of asbestos victims.

Now the breast implant cases and many other cases where many people are hurt by toxic products are facing the legal hurdles which were codified with the Manville Bankruptcy and the creation of the Personal Injury Trust.

If you have a complaint about the Manville Trust or Judge Weinstein, write:

Judge Jack B. Weinstein
US District Court
225 Cadman Plaza East
Brooklyn, NY 11201

If you want to file a claim to the Manville Trust, contact them at:

8260 Willow Oaks Corporate Drive
Sixth Floor
Fairfax, Virginia 22031
Phone 1-703-204-9300

If you want a complete copy of the March 1995 Trust Financial Statement, send $3.00 to the WLA with your request.

The WLA demands: Do not remove the Trustees from liability. Publish a full accounting of what lawyers have been paid and how much since the beginning of the Trust.