Mesothelioma Blog

For the residents of Libby, Montana, justice is finally at hand. After a three year long test of wills, a criminal trial date has been set for executives of WR Grace.

In February 2009, the courts will decide if executives of WR Grace knowingly suppressed information that the vermiculite mined at Libby, Montana contained asbestos. If found guilty, the executives responsible for over 200 mesothelioma-related deaths could face over 50 years in prison. The WR Grace Company could be fined over $250 million as part of the criminal case.

Vermiculite, a mineral used in insulation and other construction products, can contain varying amounts of asbestos, a known carcinogen. The vermiculite pulled out the Libby mine contained significant quantities of the substance. When the vermiculite was processed, microscopic asbestos fibers were released from the vermiculite core, setting the stage for a medical disaster. Over 1,200 residents of the sleepy Montana town have contracted mesothelioma and other asbestos related diseases due to the long-term exposure to the asbestos.

The WR Grace Company has vigorously fought against civil actions to recover medical expenses and other damages for the victims of Libby. The same tenacious fight is expected in the criminal trial, which so far has been marked by multiple delays on the part of the manufacturer. In spite of the rear-guard efforts made by the company, legal experts estimate the criminal trial will be resolved before the end of 2009. 

To date, 2008 has been an encouraging year for the victims of one of the worst cases of long term exposure to asbestos. In April 2008, the manufacturer agreed to a $1.8 billion settlement which would clear WR Grace of any future civil liability. The settlement consists of a series of timed payments to a trust fund, which will administer future claims from victims. WR Grace also plans to offer 10 million shares of company stock at preferential prices to victims of mesothelioma and other asbestos-related diseases.

In 2008 WR Grace was also fined $250 million for Superfund cleanup costs. The vermiculite mined at the Libby location was contaminated with of the most dangerous types of asbestos, tremolite. After decades of operation, Libby and the surrounding area was saturated with the dangerous material. Environmental Protection Agency officials expressed doubt that the record fine would cover all of the costs of cleaning up.