Montana Jury Sides with Railroad Asbestos Exposure Victims

A federal jury awarded the survivors of two deceased asbestos exposure victims $4 million in compensatory damages.

Jurors said asbestos-contaminated vermiculite that spilled in the rail yard in the town of Libby, Montana was a substantial factor in the plaintiffs' illnesses and deaths.

The vermiculite from Libby has high concentrations of naturally occurring asbestos and was used in insulation and for other commercial purposes in homes and businesses across the U.S.

After being mined from a mountaintop outside town, it was loaded onto rail cars that sometimes spilled the material in the Libby rail yard. Residents have described piles of vermiculite being stored in the yard and dust from the facility blowing through downtown Libby.

The estates of the two victims argued that the railroad knew the asbestos-tainted vermiculite was dangerous and failed to clean it up. Both lived near the rail yard decades ago and died from mesothelioma, a rare lung cancer linked to asbestos exposure.

Two types of damages, compensatory and punitive damages, are usually available in asbestos exposure claims, assuming an asbestos exposure lawyer proves negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.

Usually, negligence in an asbestos exposure case is a failure to warn about known side-effects. Companies have known about the adverse health effects of asbestos for over a hundred years. But, for the most part, they only started warning people about these health effects after 1970, when Congress passed the Clean Air Act and other environmental laws.

As the name implies, compensatory damages compensate victims for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Medical bill compensation must also include compensation for future medical expenses. If a claim settles too early, future medical expenses may be uncertain, which means the victim is financially responsible for them.

Compensation for non-economic losses helps victims move forward with their lives. At this point, that is the best anyone can do.

Punitive damages resemble criminal fines. Juries award punitive damages if an asbestos exposure lawyer proves, by clear and convincing evidence, that the defendant intentionally disregarded a known risk. Punitive damages are usually very high in asbestos exposure claims. Many providers deliberately ignored the health risks of asbestos exposure for decades. Furthermore, most of these companies are so wealthy that only an eye-popping amount of punitive damages gets their attention and forces them to change the way they do business.

Indirect occupational exposure, take-home asbestos poisoning, and accidental exposure are the three most common kinds of ambient (environmental) asbestos exposure.

Many asbestos exposure victims handled asbestos-laced products and/or worked in asbestos-laced facilities. Other exposure victims were managers or administrative employees at asbestos hotspots. Airborne asbestos fibers often float into parking lots and other common areas.

Asbestos fibers also have jagged edges. So, when they finally come to rest, they cling to practically any surface, such as the inside or outside of a motor vehicle. These fibers could poison anyone else who got in the car, such as a friend or relative.

Take-home asbestos claims are historically under-reported. Many housewives and other take-home victims chalked up mesothelioma and other asbestos exposure diseases to bad luck.

The Twin Towers collapse on 9/11 might be the best example of pure ambient exposure. The toxic cloud that covered much of New York City that day was laced with asbestos. Estimates vary, but the World Trade Center towers may have contained as much as 400 tons of asbestos.

In terms of legal options, an asbestos exposure lawyer can usually file civil claims and/or bankruptcy victim compensation fund claims on behalf of victims. VA disability and workers’ compensation claims are usually off-limits in most states.

Mesothelioma victims need and deserve significant compensation. For a free consultation with an experienced nationwide mesothelioma lawyer, contact the Throneberry Law Group. We have offices in Arizona and six other states from coast to coast.