As the costs to insurers keep mounting and plaintiffs’ lawyers get even richer, the US is still a long way from resolving how to ensure the victims of asbestos-related diseases get their fair share. A fund for compensating victims in the US doesn’t look like eventuating this year, with only four legislative working days left before intensive campaigning begins for the November 2 US elections.

Republican Senate leader Bill Frist and his Democratic Party counterpart Tom Daschle are trying to establish the framework for a fund – to be financed by asbestos defendant companies and insurers – that would compensate victims negating their right to sue in court.

The two senators are reportedly close to a deal on financing the fund but have not agreed on how many existing injury claims could stay in court once the fund is created. The problem is politically edgy mainly because plaintiff lawyers’ organisations are major contributors to the Democratic Party.

Should the fund be created, it will be capped at $US140 billion. The total potential liabilities estimated in a US report last week are between $US200-265 billion.

The US Supreme Court, referring to the “elephantine mass” of asbestos lawsuits, has called on Congress for several years to come up with a way of compensating victims outside the court system.

Senator Daschle wants the fund to be able to pay claims within 90 days of the bill’s enactment, or go straight to court (those lawyers again). Senator Frist believes deadlines must be realistic and aimed at ensuring the viability of the fund.