Medical Criteria Amendment to S. 852 Fails

Last Thursday, the Senate failed to pass the medical criteria amendment to S. 852, the FAIR Act, as proposed by Sen. John Cornyn, R-Texas. The Cornyn amendment would have been a complete substitute for S. 852.

The final vote was 70 to 27.

The amendment, the Asbestos and Silica Claims Priorities Act of 2006, would have kept asbestos claims in the tort system but would force claimants to meet more stringent medical criteria than currently required to pursue damage, ensuring those who are truly sick from exposure to asbestos or silica would receive prompt, fair and efficient adjudication of their claims.

The amendment would have also ensured that presently unimpaired claimants would not lose their right to have their claims heard in the tort system.

Other terms of the amendment were:

Limit filings to individual claims and to the proper forum;
Require physicians and experts to comply with strict requirements;
Ensure proportionate responsibility.

The amendment has the following senators as cosponsors: Tom Coburn, R-Okla., Lindsey Graham, R-S.C., John Ensign, R-Nev., Mike Crapo, R-Idaho, Jim Inhofe, R-Okla., Mel Martinez, R-Fla., Jim DeMint, R-S.C., John Thue, R-S.D., Robert Bennett, R-Utah, Gordon Smith, R-Ore., Larry Craig, R-Idaho, and John Sununu, R-N.H.

BREAKING NEWS UPDATE

The next big test for the Specter-Leahy $140 billion asbestos trust fund bill will come early this week on a budget point-of-order filed by Sen. John Ensign, R-Nev., last week. Sen. Specter will need 60 votes to waive this budget point-of-order.

Direct questions to NAMIC Senior Vice President - Federal Affairs David Winston.

Posted: Monday, February 13, 2006 12:00:00 AM. Modified: Monday, February 13, 2006 12:00:04 PM.

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