November 18th, 2007

A court of appeals heard testimony this week in a case trying to overturn a lower court ruling regarding asbestos cases against W.R. Grace & Company. The previous ruling said that asbestos tests conducted by the company itself could not be used in any cases against them.

A group of attorneys representing asbestos victims and their families pleaded with an appeals court this week in order to get a lower court ruling overturned. The original ruling last year stated that tests conducted by W.R. Grace & Company at their vermiculite mines could not be used in the cases against them. It also threw out the ability to use reports on samples taken by the EPA and noted that there was no evidence that Grace knew of the dangers of the asbestos they were mining, which would amount to knowing endangerment on the company’s part.

Residents of the town where the Grace mines were located filed most of the cases, while the rest were filed by employees of the Libby, Montana mines. The cases show increased instances of emphysema, asbestosis and mesothelioma, a form of deadly lung cancer. All of the illnesses can be linked to asbestos exposure, which can occur when the particles of the material become airborne. Breathing in asbestos fibers can result in mesothelioma and emphysema, while asbestosis can occur from inhaling or ingesting the substance.