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Montana is home to a location that is single-handedly linked to mesothelioma and the deaths and illnesses of thousands of workers, families and residents across the United States. Companies began extracting vermiculite from mines in Libby, Montana in 1919. This material was used in construction materials like home insulation. The vermiculite was contaminated with asbestos. W.R. Grace & Company took over operations at the Libby mine in 1963 and continued to mine the contaminated product. The mine is blamed for asbestos exposure throughout the country because it extracted millions of contaminated tons of vermiculite. About 35 million homes may be at risk for asbestos contamination for a single product traced to the company.
Health conditions related to asbestos exposure were linked to the mine before W.R. Grace took over operations. Many lawsuits and claims were filed against the company, claiming that it was aware of high asbestos levels and failed to warn their employees.
In addition to injury to workers, townspeople also suffered. The company used leftover vermiculite in gardens, playgrounds, roads, baseball fields and other locations throughout Libby. Nearly half of the town’s population has mesothelioma or other asbestos-related conditions. The mine closed in 1990. The location was later classified as a Superfund.
Asbestos was routinely used in a number of applications. Those individuals in Montana who develop mesothelioma who are connected to Libby usually are exposed through occupational hazards. Power plants, oil refineries, construction sites, food processing plants and factories commonly used asbestos, which could make workers vulnerable to developing mesothelioma and other asbestos-related diseases.
Montana Mesothelioma Diagnoses
Despite the devastating Libby history, the state overall is ranked 37th in the nation for mesothelioma and asbestosis diagnoses. Between 1999 and 2015, at least 190 Montana residents were diagnosed with mesothelioma. The state’s annual mesothelioma incident rate is 11.6 people per million, which is higher than the national average. The highest concentration of mesothelioma incidences is in Lincoln County, where Libby is located. Over 239 Montana residents were diagnosed with asbestosis and over 728 were diagnosed with non-mesothelioma lung cancer between 1999 and 2013. Cases of mesothelioma can be found in the following places:
Montana Asbestos Laws
Montana has a series of laws that determine how asbestos claims are processed in the state. Some of the most important laws in the state pertaining to asbestos include:
Statute of Limitations
In Montana, the statute of limitations to pursue a personal injury or wrongful death claim related to asbestos exposure is three years. The symptoms related to mesothelioma and other asbestos-related medical conditions often take several decades to manifest. Montana uses a discovery rule in which the statute of limitations does not begin to tick until the victim knew or should have known about the condition. This usually means that the victim has three years from the diagnosis to file a lawsuit against the defendant. The statute of limitations is also three years in the case of wrongful death claims.
Court Exposure Standard
A plaintiff in Montana must be able to link the victim’s illness to the defendant’s product or conduct. In negligence cases, causation is a necessary element. A victim in Montana can present medical and other evidence that establishes the connection between the defendant’s conduct or product and the development of mesothelioma or other asbestos-related disease. This may include introducing evidence related to the victim’s potential exposure to asbestos, including the frequency, proximity and regularity of exposure.
Special Court
Near the end of 2017, the Montana Supreme Court ordered that a special asbestos claim court be activated to handle asbestos claims. A 2001 law created the court, but it had not been active. At the time, there were 548 claimants suing defendants that included the state of Montana, BNSF Railway, International Paper Co., insurance companies and others held responsible for the illnesses and deaths that resulted from the W.R. Grace operations. One judge is tasked with processing the claims. He or she has the power to prioritize certain types of claims over others, rather than making decisions regarding just one case at a time. The court only handles pre-trial matters. If parties are able to reach an agreement, the judge assigns varying levels of severity to individual claims and assigns cases accordingly. If the parties are not able to reach a settlement, the case is transferred to the original court for further proceedings.
The court is intended to streamline the process, avoid duplicate hearings and provide a more effective processing of these claims.
Montana State Asbestos Regulatory Agencies
Montana has adopted federal standards by environmental agencies and workplace agencies. Additionally, Montana has passed the Asbestos Control Act. Montana defines asbestos “asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite.” The Montana Department of Environment Quality has implemented the Asbestos Program.
There are specific rules that contractors and property owners must adhere to related to renovation and demolition activities. There are also rules regarding the disposal of asbestos. If asbestos takes up more than 10 square feet and needs to be removed, a state-certified asbestos contractor must be hired for this job. The Department of Environmental Quality must be notified five to ten working days before starting the job, depending on how much material must be removed. The contractor must be licensed according to the standards included in the Asbestos Control Act. If a contractor or property owner violates this act, district courts can assess civil penalties up to $25,000 per day of the violation.
Montana Asbestos Site Exposure List
Mines, refineries, smelters, power plants, factories, lumber mills, paper mills and food processing plants are just a few of the worksites that may have exposed workers to asbestos. Additionally, many public buildings and other locations are linked to possible asbestos exposure.
- Karst mine – Big Sky
- Stillwater Mining Company – Billings
- Anaconda Copper Mining Company – Butte
- R. Grace & Company Vermiculite Mine – Libby
- E. Corette Power Plant – Billings
- Montana Power House – Sidney
- Montana Power Company – Butte
- Victor Chemical Works – Butte
- Billings Refinery – Billings
- Texaco Oil Refinery – Sunburst
- General Mills – Great Falls
- Billings Sugar Company – Billings
- Regis Paper Company – Libby
- Neils Lumber Company – Libby
- Glasgow Air Force Base – Glasgow
Montana Asbestos Trusts
After facing daunting liability from asbestos exposure, many asbestos manufacturers filed bankruptcy. As part of the bankruptcy agreement, some of these companies established special asbestos trusts. These trusts were often funded with millions of dollars to pay off existing claims, as well as to put money in reserve for future claims. When a trust of this nature is in place, claimants may be able to file a claim against the trust rather than going through the entire process of litigating a case.
While there are no trusts that are administered in Montana or that involve companies headquartered in the state, there may be asbestos trusts that Montana residents may be able to file a claim against. For example, W.R. Grace & Co. operated in Montana. It used asbestos in insulation and fireproofing products. After facing approximately 130,000 lawsuits, the company declared bankruptcy in 2001. In 2014, the company reorganized and formed the W.R. Grace & Co. Asbestos Personal Injury Trust with $3 billion for claimants. The company is headquartered in Columbia, Maryland and is administered in Delaware. A Montana mesothelioma lawyer can explain whether you may have a claim against this company or another trust.
Montana Mesothelioma & Asbestos Lawsuits
Much of Montana asbestos litigation centers around activities in Libby. The following information is found in public news reports involving unaffiliated law firms:
W.R. Grace faced more than 112,000 asbestos lawsuits, in addition to pressure from the United States Occupational Safety and Health Administration and environmental regulatory agencies. This led to the company filing bankruptcy. It later established a $3 billion trust for asbestos settlements. In 2008, the company settled a class action lawsuit regarding its attic insulation product for up to $140 million. The old mining site was established as a Superfund. W.R. Grace settled a case with the Environmental Protection Agency for almost $3 million. It also agreed to pay $63 million to the government to fund cleanup efforts.
After the company declared bankruptcy, victims pursued other possible avenues for recovery. Many claimants began to sue the state, alleging that it was aware of the problems and failed to protect workers and residents from harmful pollution. The state of Montana settled more than 1,000 claims for about $25 million in 2017. The case against the state alleged that it was liable for failing to intervene after knowing that asbestos dust from the Libby mine caused serious injuries and deaths. Another $11.2 million may be made available to claimants through the state’s insurance carrier. In 2011, there was a similar case against the state, which was settled for $43 million and involved about 1,128 other plaintiffs. The 2017 group of plaintiffs were not diagnosed with the condition at the time of the earlier settlement.
Montana Mesothelioma Law Firms
Several plaintiff’s firms that may become co-counsel in Montana that handle mesothelioma, toxic tort and personal injury cases related to asbestos exposure include:
A Montana law firm that is located in Kalispell which began accepting asbestos-related cases in the 90’s. Since that time, it has represented many individuals with mesothelioma and other asbestos-related diseases. They have represented clients who fell ill after working at the Columbia Falls aluminum plant. Additionally, they have represented Libby community members fight for recovery. They advocate on behalf of victims for clean communities and safe workplaces.
A Great Falls law firm that focuses on personal injury cases. It helps mesothelioma victims file claims with asbestos trusts or negotiate a fair settlement. If these avenues do not work, the firm’s experienced litigators take the case to trial. The firm has over three decades worth of notable experience.
A law firm that focuses its attention on personal injury cases, including cases involving environmental pollution and contamination. It serves clients in Helena and surrounding areas. The firm’s attorneys have decades of combined legal experience.
A law firm helping individuals in Montana, including cases in Anaconda, Billings, Bozeman, Butte, Great Falls, Helena, Kalispell and Missoula. The firm’s attorneys have represented thousands of clients. With decades of experience in mesothelioma and asbestos litigation experience, the firm has developed specialized knowledge and nationwide connections to help them persevere when tackling complicated cases.
