Tort Reform and Deregulation Issues Possibly Facing Mesothelioma Patients

Despite President Donald Trump running his presidential campaign promising to “drain the swamp” in Washington by removing corporate influence, his cabinet nominations are made up of those directly involved in big business.

Currently both the House of Representatives and the Senate are dominated by the republican party who have shown a desire to remove environmental protections and regulations in favor of big business interests.  Their next agenda could be to limit the public’s ability to hold large corporations responsible for the resulting harm and injuries to the general public caused from their environmental pollutions and toxins created during their business and manufacturing processes.

The current political climate and resulting deregulation of big businesses legal responsibilities to protect the general public and environment which is occurring is just reason for current and future mesothelioma patients to show concern.

Big Business May Receive Further Protection From Lawsuits

The House recently passed The Fairness in Class Action Litigation and Furthering Asbestos Claim Transparency Act of 2016 (FACT), which would make it far more difficult for class action lawsuits to be levied, while also slowing down the filing process for plaintiffs. The bill would also force those filing a claim to provide a portion of their social security number.

With the Republican party now also holding the executive office along with Congress, it’s possible Congress will again take up FACT and push it through both chambers, allowing the bill to be signed without threat of a veto.

FACT And Possible Deregulation Measures

Why is this problematic? Legislation such as FACT would make it settlements like the one in Libby, Montana less likely for asbestos exposure victims.

Compiled with President’s comments on regulations there could be a huge problem for consumers, workers, and patients needing care and compensation for negligence by businesses:

We want clean air, we want clean water, but we have and you have situations and regulations, which we’re gonna cut ― we will probably cut 70 to 80 percent of the regulations, OK?

From Donald Trump’s personal website he lists the following ominous proposal despite ongoing issues with water in the United States along with air quality and climate change:

Eliminate our most intrusive regulations, like the Waters of The U.S. Rule. We will also scrap the EPA’s so-called Clean Power Plan which the government estimates will cost $7.2 billion a year.

What Recourse Is Available?

With the looming repeal of the Affordable Care Act and the lack of confidence in the proposed Patient Freedom Act, asbestos exposure patients will have to hope for the best concerning the future of healthcare in the United States.

The possibility of further tort reform would handcuff citizens ability to seek justice from companies, states, and other entities whom willful use asbestos within their products or expose citizens to them.  It is important to voice your concerns to your current elected officials.

Walter Yeates

Author

Walter Yeates is a journalist who was embedded with Veterans Stand For when they traveled to Standing Rock. He also hosts Gentleman's Hall a show centered around his journalism. Walter has published hundreds of articles in the realms of consumer health and workplace safety. He graduated from East Carolina University with a double major in Political Science and Philosophy.