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Directory:Lawyer Central/Mesothelioma (view source)
Revision as of 21:46, 14 March 2007
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By 1979 the first writs for negligence related to Wittenoom were issued against CSR and its subsidiary ABA, and the Asbestos Diseases Society was formed to represent the Wittenoom victims.
By 1979 the first writs for negligence related to Wittenoom were issued against CSR and its subsidiary ABA, and the Asbestos Diseases Society was formed to represent the Wittenoom victims.
===Legal Statistics===
The American Bar Association states that a growing number of claimants do not, and may never, suffer from asbestos illness. Because of the fear of a running statute of limitations, many people file claims who are not presently ill, but have had X-rays that show changes 'consistent with' asbestos disease. This 'now or never filing' is clogging the courts and delaying seriously ill claimants from having their cases heard. To alleviate this problem, the ABA recommends that (1) a clear standard of impairment be implemented, and (2) the statute of limitations not start ticking until a person actually becomes ill.[http://www.abanet.org/poladv/priorities/asbestos.html]
In the United States, 10,000 people a year die from asbestos-caused diseases, including one out of every 125 American men who die over the age of 50. [http://www.ewg.org/reports/asbestos/facts/fact1.php] The Environmental Protection Agency (EPA) has no general ban on the use of asbestos. However, asbestos was one of the first hazardous air pollutants regulated under Section 112 of the Clean Air Act of 1970, and many applications have been forbidden by the Toxic Substances Control Act (TSCA). [http://www.answers.com/topic/asbestos]
According to a September 2004 of the American Journal of Respiratory and Critical Care Medicine, asbestos is still a hazard for 1.3 million US workers in the construction industry and for workers involved in the maintenance of buildings and equipment. [http://www.medicalnewstoday.com/medicalnews.php?newsid=13500]
A Senate Subcommittee of the Health Education Labor and Pensions Committee heard testimony on July 31, 2001, regarding the health effects of asbestos. Members of the public, doctors, and scientists called for the United States to join other countries in a ban on the product.[http://www.btinternet.com/~ibas/lka_us_congress.htm]
===Recent Legal Developments===
===Recent Legal Developments===