UPDATE

Libby asbestos victims may soon see money

Posted: Feb 2, 2012 7:49 AM by Laurel Wilson - KAJ

LIBBY- Thousands of people who were sickened by asbestos exposure from the former W.R. Grace vermiculite plant in Libby could see a nearly $20 million payout after years of bankruptcy court litigation.

A Helena District Court judge ordered the state to pay a $43 million settlement to victims of asbestos exposure from the W.R. Grace site a few months ago,]'

Victims now hope to see some financial vindication from the company responsible for an estimated 400 asbestos-related deaths-and even more asbestos-related illnesses in the small northwest Montana town.

The proposed agreement calls for W.R. Grace to fund the Libby Medical Program with $19.5 million and then transfer it to a local Libby Medical Plan trust. The Libby Medical Program was started by W.R. Grace in 2000 and the proposed multi-million dollar trust would ensure the company no longer terminate that program.

Libby claimants attorney Jon Heberling said in a press release that, "this settlement agreement removes that uncertainty. When final settlement documents are approved by the Bankruptcy Court all objections to the plan of reorganization from the Libby claimants will be settled and their appeals will be withdrawn."

But not every victim from the vermiculite plant will see restitution from the settlement, including Libby resident Mike Noble, who worked at the mine for over 20 years. He was diagnosed with asbestosis in 1983 and has felt the effects ever since.

"I can walk. I can walk on the flat area and downhill, but there is no uphill for me. There's no running. Your quality of health isn't as good. You're heavier than you should be because you can't get out and walk and travel and stuff like that, which creates other problems," Noble told us.

His medical bills are covered through workman's comp and Medicare, but several years ago Noble learned it was too late to seek further compensation for his disease.

"We talked to the lawyer about this. They said, 'come talk to us, you've been exposed to this.' They looked at my history and said, 'No, there's nothing we can do for you, your statute of limitations have run out'."

But the victims who are eligible for settlement payouts from W.R. Grace may soon receive more financial assistance for their disease.

Meanwhile, a proposed settlement has also been reached with the Burlington Northern Santa Fe railroad and several insurance companies to provide additional compensation to the Libby victims.