I’m just beginning the journey of trying to get my COPD service connected, I was a mechanic in the Army from 1984-1993, we used to clean bell housings on clutch jobs out with an air hose and just sit there and breath that crap. I trusted in our leadership to at least tell this stupid 19 yo kid that that’s bad for you. But you all know that goes.
From what I’ve read the trust is only paying .07 on the dollar so taking a settlement, although expedient, isn’t in your best interest. If you search articles in how to defend an asbestos claim from the defendants perspective, if the victim refuses the trust offer and sets a hearing the defendants protocol is to file a motion to dismiss, if that motion is denied they negotiate a settlement, they know if it goes before a judge or jury they won’t fair well.
Again regurgitating what I’ve learned from my research, most of these companies satisfied their trust obligation filed bankruptcy desolved the business liquidated their assets and reopened under a different name and continued to march. But the trust and bankruptcy doesn’t absolve their liability. They can still be drug back into court and held accountable.
I love my country, I’m proud of my service and I’d do it all again if I could...but the EPA has known the dangers of asbestos since 1929, the Navy (and therefore the DOD) has known since the civilian workers started filing work comp claims in the early 70’s. The claims they settled were not part of the budget planned so after a few years the Navy started advising the civilian employees to file civil sutes against the manufacturers of the products containing asbestos which led to the trust. The claims against the trust aren’t expected to peak until 2020, the trust administrators have filed motions time and again to try and stretch the trust enough to cover the projected future claims. I’m not sure when the trust was established but I believe it started with over 480 billion dollars and it’s down to 30 billion now. Insurance companies are still having to dump cash into the trust but the majority of those guilty parties were self insured.
Sorry to ramble on, my point is yeah these companies new they were selling deadly products, but the DOD made no attempt to educate us or supply us with proper training or PPE to midigate the risk. Any change in SOP pertaining to asbestos would alert veterans that they’ve been exposed and prompt them to file claims with the VA. Instead the DOD takes the attitude of “wait and see if they get sick and if they do wait and see if they figure out we were responsible” or just deny it all together until we can’t hide it any longer, like agent orange or Gulf War syndrome.
Sorry guys, I’m just angry, the DOD should be accountable, but they continue to act like they are above the law, case in point the environmental impact studies that were supposed to be transparent, they post the findings, move them around then take them down so we are all in the dark.
They have kept records since 2002 on every soldier their occupational exposure and the exposure to environmental hazards, but if you want that information you have to petition the Secretary of Defense to obtain those records. That’s just wrong!!!
Sorry for rambling,