Senator Patrick Leahy Comments on Latest Draft of Asbestos Legislation

In a hearing On “Asbestos: Mixed Dust and FELA Issues” February 2, 2005, Leahy made the following comments:

“Despite its title, the latest draft of ‘asbestos’ legislation would dramatically alter the proof requirements and recovery rights within the tort system for ‘any personal injury claim attributable to exposure to airborne dust, fibre, or minerals.’

“This eleventh-hour provision, which was not in the bill reported by this Committee last Congress or in the substitute bill considered by the full Senate last year, is not limited to so-called ‘mixed dust.’ It appears to cover hundreds, perhaps thousands, of injuries caused by airborne substances other than asbestos, including silicosis, black lung disease, and even lead poisoning: Talk about overreaching.”