Hundreds of Libby, Montana, residents have been diagnosed with malignant mesothelioma, asbestosis, and other asbestos-related diseases in the years since the town was home to an infamous vermiculite mine. W.R. Grace & Co., BNSF Railroad, and others have been ordered to pay victims significant damages by juries who’ve heard of their negligence. Now, a series of bills proposed and passed in the Montana state House of Representatives threaten to make it harder for claimants to get justice in the future.
Montana House Suggests Raising Evidence Requirements for Mesothelioma Claims
House Bill 803 is the most recent bill to pass the Montana House in recent days, and it would raise the evidentiary requirements for personal injury lawsuits filed by mesothelioma victims and others diagnosed with asbestos-related diseases. The bill follows three others passed by the House that similarly restrict how victims of asbestos exposure could sue for and receive damages. All of the bills have been sponsored by state representatives who have previously represented BNSF Railroad, which has been named as a defendant in previous lawsuits.
The bills are raising significant concern among asbestos victims, who opponents of the bill say have already suffered enough. Speaking at a House Judiciary Committee meeting before the bill passed, Representative Zooey Zephyr, D-Missoula said, “We’re talking about Libby, Montana. We’re talking about one of the greatest environmental disasters in this country, and we’re thinking about the impacts on an entire town of people.”
Bill Would Impact Hundreds of Asbestos Lawsuits Filed Against BNSF Railway
While the initial blame for the mesothelioma and other asbestos-related diseases fell on W.R. Grace, the company that mined the toxic mineral in Libby, more recent cases have targeted BNSF Railway for its negligence in storing and spreading the toxic materials throughout the area. Approximately 400 suits have been filed against BNSF by local residents, and mesothelioma victims’ advocates call the House bill “a ruse” to protect the company against liability.
If the bill passes the state Senate, mesothelioma victims would be required to provide information about previous claims to asbestos trusts and provide extensive exposure histories including all of their current and previous work history. Opponents say the goal is to divert attention away from BNSF. Al Smith of the Montana Trial Lawyers said, “HB 803 is targeted at and would adversely affect every one of the Libby residents that have remaining asbestos claims and will only benefit the large railroad company whose acts and omissions are at issue in those claims.”
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.