May 8th, 2008

A judge involved in the bankruptcy case for W.R. Grace and Co. in Montana has left the door open for asbestos victims to sue the state. Civil cases were halted seven years ago when Grace was entering bankruptcy.

Civil cases may now resume when it comes to asbestos victims in Libby, Montana. The bankruptcy judge assigned to W.R. Grace’s case has turned down an injunction that would have prevented asbestos victims from suing the state. All civil cases regarding the matter were halted more than seven years ago, when Grace entered into bankruptcy negotiations. Victims of asbestos exposure are now able to sue the state of Montana for not monitoring the Grace mines in Libby strictly enough to prevent asbestos exposure to thousands in the small town.

The vermiculite mines owned by Grace in Libby were operated for decades, releasing airborne asbestos particles into the surrounding areas. The mines were shut down in the 1990s, but cases of mesothelioma and other asbestos-related diseases are still being diagnosed. Mesothelioma can take years to manifest, and is normally so advanced when found that there is no treatment. Mesothelioma victims usually measure their remaining life span in months once diagnosed, making compensation within that time difficult if the victim is suing Grace.