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TIME: Almanac 1993
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TIME Almanac 1993.iso
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1992-08-28
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BUSINESS, Page 65Your Check Is Not in the Mail
Asbestos victims' endless wait
For asbestos victims, illness is not the only indignity they
have suffered. Tens of thousands of them have also endured a
seemingly endless wait for compensation from the companies that
produced the mineral that has been found to cause lung cancer
and other diseases. The most immediate crisis involves the
Manville Personal Injury Settlement Trust, formed in 1988 as
the company emerged from bankruptcy reorganization. At the
time, trust officials expected to handle 100,000 cases, with an
average payment of $25,000 each, but so far, they have paid an
average of $43,500 each on the first 24,000 claims. By last
June the trust was running out of cash, and more than 125,000
cases were pending.
Jack Weinstein, a federal judge in New York City, is leading
an effort to restructure the Manville Trust and resolve 90,000
asbestos lawsuits against dozens of U.S. companies, which
represent the biggest ever product-liability issue. Last week
Manville announced a plan to replenish the trust's cash supply
in a stock deal that will provide as much as $520 million for
settling claims over a seven-year period. But the company will
not make the new money available until the end of next year.
At the moment, with much of the trust's income dependent on
future Manville profits, victims filing now are being told they
may have to wait until 2015 to see their first payments.
The judicial system is so clogged by the volume of claims
that desperate judges are trying hundreds of cases at a time.
Some critics complain that greedy lawyers are reaping
exorbitant fees in the process. As a result, Weinstein has set
a limit of 20% on contingency fees allowed lawyers for hardship
settlements paid by Manville. Trust officials say they may have
to handle as many as 300,000 claims.
The flood of cases may swamp other companies as well. A
court-ordered study released last week said Eagle-Picher
Industries of Cincinnati, a former asbestos maker, has been
devastated by claims and is likely to become insolvent by the
end of 1992. The company has 64,000 claims pending, with 20,000
more being filed every year. As part of his overall plan,
Weinstein hopes to pool money from several companies, including
Eagle-Picher, to help the firms resolve their claims.