Montana Passes Bill That Risks Mesothelioma Victims’ Payouts

Montana’s House of Representatives recently passed three bills aimed at reducing corporate responsibility in asbestos-related lawsuits, making it significantly harder for individuals affected by asbestos exposure to pursue justice and compensation. While proponents of the bills claim that this will help prevent excessive lawsuits against businesses, critics contend that this move protects BNSF Railway from accountability at the expense of victims. This has sparked outrage in Libby, Montana, where mesothelioma victims and their families fear they will lose their right to seek justice. If these bills become law, BNSF Railway, a company previously found responsible for asbestos-related illnesses and deaths, could be shielded from further lawsuits, stripping victims of the compensation they deserve.

Libby has experienced one of the most severe environmental and public health crises in the United States. The crisis stemmed from the W.R. Grace & Co. vermiculite mine, which contaminated the town with asbestos fibers, leading to widespread illness and deaths. Thousands of Libby residents have been diagnosed with mesothelioma, asbestosis, and other fatal diseases due to prolonged asbestos exposure. The disaster was so severe that in 2009, the federal government declared a public health emergency in Libby.

Caving under the pressure of many asbestos lawsuits against it, W.R. Grace declared bankruptcy years ago. However, other companies, like BNSF Railway, have also been found responsible for transporting asbestos-contaminated materials and not protecting workers and residents. Victims and their families have sued these corporations and received compensation, including medical expenses, lost wages, and pain and suffering.

However, Montana legislators have now passed three bills that could change this, namely:

• House Bill 301: This would impose a strict two-year statute of limitations on property damage claims, limiting legal options for those who may have just discovered their asbestos exposure
• House Bill 302: Under this bill, victims seeking punitive damages would be required to go through an additional trial specifically to receive punitive damages
• House Bill 303: This would completely remove BNSF Railway’s liability in mesothelioma cases, placing the blame on W.R. Grace.

The timing of these bills is quite concerning. This is because, just recently (May 2024), BNSF Railway was ordered to pay $4 million in damages in connection to the deaths of two people who lived near the railway yard and died from mesothelioma. This ruling has set a precedent for hundreds of other pending lawsuits against the railway company. However, with the changes, victims will likely be left without compensation as BNSF avoids responsibility. Critics emphasize that this sends a particularly dangerous message, not only to mesothelioma victims but to all who are affected by corporate negligence. By prioritizing the interests of large companies over the well-being of citizens, Montana lawmakers risk setting a precedent that could impact other environmental and public health cases in the future. The bills still face passage in the Montana Senate, although the hearings are yet to be scheduled.

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