A December report by the New York Times revealed that Sen. Max Baucus (D-Montana) has inserted language into the government’s proposed health care legislation that would provide coverage specifically for people exposed to asbestos in Libby, Montana. According to the report, language in the bill would expand Medicare coverage to vicitims of “environmental health hazards.”

According to the Times, the language is even more precise, calling for coverage for “individuals exposed to environmental health hazards recognized as a public health emergency in a declaration issued by the fedearl government on June 17.” This declaration and date, of course, coincides with the U.S. Environmental Protection Agency’s designation of Libby as a Public Health Emergency area.

The Times quotes Baucus as saying the language is not only intended for the people of Libby, but for anyone in the future whose town is affected by a similar tragedy that affects the health and well-being of its people. He said the legislation would provide a safety net to “help people when they need it most.”

Both the U.S. House of Representatives and the U.S. Senate passed their versions of the health care reform bill last year. It is now up to the 111th Congress as a whole to reconcile the two bills so that they may be presented to President Obama for his signature.

Congressional leaders say they hope to accomplish this by the end of January.

As part of its look back at the year 2009, the Missioulian newspaper spoke with residents of Libby, Montana, the “poster child” for mesothelioma and other asbestos related diseases. Libby and its people have been decimated by asbestos exposure from the vermiculite mine that for generations operated in the town. Even those who did not work in the mine were affected, as asbestos dust blanketed the town, spilled from trucks and railway cars, and asbestos particles were used as landfill throughout the town.

W.R. Grace & Company operated the mine. In 2009, the company and several of its officers were brought up on criminal charges, but a jury returned a verdict of “not guilty.” Many following the trial closely said the government botched its case against the company, and others argued Grace’s deep pockets simply outpaced the efforts of a handful of government lawyers.

The aquittal was another in a long line of emotional blows for Libby residents, who hoped to see W.R. Grace finally brought to justice for the devastation of their hometown, their families and loved ones. Generations of Libby residents have already died of mesothelioma, and many more are currently suffering from mesothelioma, asbestosis, lung cancer, and a host of other ailments caused by longterm exposure to asbestos.

On June 17, the U.S. Environmental Protection Agency finally declared a public health emergency in Libby. This designation – the first of its kind in American history – will allow the government to increase funds to provide for medical treatment for Libby residents, and for research into asbestos disease. According to the Missoulian, Libby has already received $6 million, which is designated for patient screening and care, and the town is set to receive an additional $2 million for health care and home care assistance. The paper reports the asbestos health care clinic – the Center for Asbestos Related Diseases (CARD) – and the local hospital are planning expansions.

At the beginning of December, a series of town hall meetings were held, hoping to address important questions about safety and health, including whether or not the government’s clean-up efforts are truly making any difference.

For residents who already have seen husbands, fathers, brothers, sisters, husbands and wives die terrible deaths from asbestos disease, it is too little too late. They try to remain strong, but they are angry, and sad, and it’s hard to hold onto hope.

Read the full article by Missoulian reporter Micheal Jamison.

A series of stories in the Daily Inter Lake, which serves Northwest Montana and which initially broke the story about widespread asbestos contamination of the town of Libby, Mont., in 1999, is featuring a series of stories about the town. The feature is related to a recent town hall style meeting organized by the University of Montana, which is seeking to get clarification from the U.S. Environmental Protection Agency (EPA) about just how much toxicity remains in the town.

The town hall meeting, which was held Dec. 6, featured a panel discussion about the deadly fallout from town’s vermiculite asbestos mine, which was operated for years by W.R. Grace & Company. Even those who didn’t work in the mine were exposed to asbestos, as dust from the mine covered the surrounding area, railroad tracks and roads used to transport the materials. Asbestos was even used as filler for gardens and ballparks.

According to the Daily Inter Lake report, more than 300 deaths have been linked to asbestos exposure from the vermiculite mine. A special health clinic established by the EPA after the story broke about the widespread asbestos disease affecting Libby area residents is currently treating about 2,800 patients with varying levels of asbestos disease.

Dr. Brad Black, who oversees patient care at the clinic, called the Center for Asbestos Related Disease (CARD), says it’s impossible to really determine how many people have been affected by asbestos in Libby, because around 80,000 people “came and went in Libby while the mine was operating,” the paper reports.

Because of the long latency period of asbestos disease – which includes conditions such as asbestosis, a severe scarring of the lungs that impedes lung function and limits breathing, and mesothelioma, a deadly cancer that affects the lining of the lungs or, more rarely, the abdomen or heart – which is sometimes as long as 30 or 40 years, Black estimates cases will continue to emerge well into the future, through the year 2030.

Since the asbestos contamination of Libby was brought to light, it has been a roller-coaster ride for area residents. The EPA has spent more than $206 million to date to clean up residential and commercial properties. In June, Libby was declared a public health emergency, which is the first time the agency has made such a determination under the 1980 Superfund law. This will allow more money to be put into the town’s cleanup efforts.

However, there are still lingering questions about just how effective these cleanup efforts really are. The EPA has divided the Libby Superfund site into eight geographical units, and has so far only completed cleanup on two of those units. However, some scientists argue that the type of asbestos affecting Libby – amphibole – is much more toxic than chrysotile asbestos, and that cleanup efforts are being conducted using old research on the wrong type of asbestos.

The Daily Inter Lake reports that EPA officials have admitted they are using toxicology assessments from 1985 data on less toxic asbestos, not Libby asbestos. This is despite a more recent study completed in 2003, which “established exposure benchmarks for mesothelioma and lung cancer based on asbestos epidemiologic studies,” the news agency reports.

According to the paper, federal government risk assessment standards say cleanup efforts are necessary when there is evidence of one death per 10,000 people. In Libby, where the population is around 10,000 people, there have already been 31 deaths just from mesothelioma. This doesn’t even take into account the suffering and death from other asbestos-related diseases.

The asbestos contamination also has been a see-saw on the legal front. In May, W.R. Grace & Co. and several of its top leaders were acquitted of criminal charges related to the widespread asbestos disease affecting its residents. Nearly 800 people still have pending civil suits against the company, which have been delayed by bankrupcy claims on the part of Grace. The company is expected to emerge from bankruptcy in January.

Testimony resulting from the bankruptcy trial in October revealed that there is a 59 percent probability of death for Libby residents exposed to asbestos dust.

“No other place on the planet has that,” the Daily Inter Lake quotes attorney John Heberling, who is representing asbestos clients.

This is a fascinating and tragic series of stories, and I encourage you to visit the Daily Inter Lake online to read the full series. It includes a feature on Gayla Benefield, who, along with compatriot Les Skramstad, began the campaign to expose the Libby contamination and lobby for justice for the town. Here are just a few of the links:

What is a safe dose for Libby?
What’s next for Libby?
Asbestos victims try to stay upbeat
Advocate’s work for asbestos victims spans 35 years
Grace lawsuit claimants still in limbo

The Asbestos Disease Awareness Organization has announced registration is now open for its Sixth Annual International Asbestos Awareness Conference. The conference is scheduled for April 9-11, 2010 in Chicago, Ill. This annual event brings together renowned doctors, scientists, researchers and asbestos victims and their families in a united forum for asbestos awareness, education and collaboration. Each year the event coincides with national Asbestos Awareness Day, April 1.

In addition to providing educational information, advocacy support, a special remembrance ceremony and networking opportunities, each year the conference honors individuals or organizations that have demonstrated outstanding work and dedication to asbestos awareness related activities. ADAO has announced this year’s honorees:

• The Honorable Richard Durbin, United States Senator – Tribute of Hope Award
• Dr. Hedy Kindler – Selikoff Lifetime Achievement Award
• Center for Asbestos Related Disease (CARD), Libby, Montana – Tribute of Unity Award
• Fernanda Giannasi – Tribute of Inspiration Award
• June Breit (posthumous) – The Alan Reinstein Memorial Award

At the conference, the ADAO also will announce the recipient of the Warren Zevon “Keep Me in Your Heart” Memorial Tribute.

“I’ve received countless requests for my father’s song, ‘Keep Me in Your Heart,’ to be used at memorials for asbestos victims,” said ADAO Spokesperson Jordan Zevon. Jordan is the son of Warren Zevon, acclaimed singer and songwriter, who died of mesothelioma in 2003. “You can imagine how proud it makes me to know that my father’s Grammy winning song has touched so many families, but it is bittersweet because of the nature of those requests. In his honor, I will continue to work with ADAO to ban asbestos to spare future generations from the same fate.”

“As we get closer to a full asbestos ban, we are encouraged, yet simultaneously reminded that the reverberations of asbestos exposure can last decades,” said Linda Reinstein, Co-Founder and Executive Director of ADAO. “Our annual conferences drive home the importance of the need for increased awareness, education and research.”

Additional conference details are available on the ADAO web site, and online registration is available at http://www.adao.eventbrite.com.

The International Asbestos Awareness Conference is made possible with the support and collaborative efforts of the Barbara Ann Karmanos Cancer Institute and the International Ban Asbestos Secretariat (IBAS).

A story on the Cold Truth web site published Oct. 21 reported on a recent meeting of the Manhattan Beach, Calif., City Council, during which it passed a resolution to ask the State of California to find a new “official state rock.” The state’s current stone is serpentine, which usually contains asbestos. Asbestos is a known carcinogen that causes the deadly cancer mesothelioma, which affects the lining of the lungs, stomach and/or heart, as well as other deadly diseases including asbestosis, a severe scarring of the lungs.

Cold Truth is an original investigative journalism reporting site created by Pulitzer Prize winning reporter Andrew Schneider, who broke the story of the asbestos poisoning of Libby, Montana, among others. According to his report, serpentine was chosen as the state rock of California in 1965, “in order to promote the then-lucrative asbestos mining industry.”

The proposal to ask California’s government to change the official state rock was presented and supported by the Asbestos Disease Awareness Organization (ADAO), which is headquartered in California. The organization has dubbed the effort the “Drop the Rock” Campaign, and urges statewide action while building awareness about cancer-causing asbestos.

According to a news release from ADAO dated Oct. 21, Resolution 6223 is “Urging the State Legislature to repeal the designation of serpentine, the host of asbestos, as the official state rock, in support of world eradication of asbestos for public health as urged by the Asbestos Disease Awareness Organization.”

The resolution from Manhattan Beach represents the first official request to the California legislature to remove the rock. ADAO notes that Chrysotile asbestos, which is often found in serpentine, causes cancers and respiratory diseases such as mesothelioma, asbestosis and lung cancer.

“California has the dubious distinction of being the state with the highest recorded number of asbestos-related deaths and the death toll will continue until the United States Congress passes legislation banning asbestos,” said ADAO Executive Director and Co-Founder Linda Reinstein in the news release. “We have a strategic plan in place and look forward to working with asbestos victims and their families, the John McNamara Foundation, the Pacific Heart, Lung & Blood Institute, and political leaders as we move throughout California to repeal serpentine as the state rock.”

The ADAO news release quotes Manhattan Beach Mayor Portia Cohen as saying, “It is unthinkable to have Serpentine as the State Rock of California when more than 7,000 people in our state alone have died from asbestos since 2007.”

Read Resolution 6223.

Mesothelioma Awareness Day will always hold a special significance for Mary Elo. On August 15, 2009, her father passed away as a result of mesothelioma. That alone would mark the day for her, but even more significant, her Dad, George Elo, was just short of his 77th birthday – which is Sept. 26, the same day designated as Mesothelioma Awareness Day.

Her father first started getting sick a couple of years ago, Mary recalls. He had a constant cough, and began losing weight and experiencing shortness of breath. He went to see his primary care physician, and was diagnosed with pneumonia. This happened several times, and always the story was the same. He even had fluid on his lungs, and he would have a short hospital stay, and even though the fluid was tested, there was no diagnosis and he would return home, Mary says.

“We had not heard of mesothelioma before he got his diagnosis,” Mary says. “The doctors didn’t seem to have any sense of urgency to find out what was going on. I began looking on the internet, and he had seven of the nine symptoms for mesothelioma.”

At that point, Mary insisted her father receive a biopsy to find out what was going on with the recurring fluid in his lungs. On June 2, 2009, they received the diagnosis – epithelioid pleural mesothelioma. By the time he was diagnosed, he was already in stage 4. Despite trying chemotherapy, he passed away by August 15.

“The system failed my father,” Mary says. “There was just no sense of urgency.”

A Navy veteran, her Dad was being treated at the VA medical center for an atrial fibrillation, and had been on coumadin for a few years. When he began having his bouts of pneumonia, the doctors at the VA called for an MRI / PET scan, and his May 12 test records indicated a suspicion for mesothelioma. But her parents couldn’t read the paperwork, and the primary care physicians somehow missed the notation, Mary says. He had several thoracenteses, yet never had a diagnosis for mesothelioma until Mary insisted on a biopsy nearly a month later after reading about meso online.

“I was the internet MD at this point,” she says. “It drove my father crazy,” she recalls. By the time he was diagnosed, her Dad, who was 6’1”, weighed only 132 pounds.

Despite the advanced state of his mesothelioma and the toll it had already taken on his body, Mary says her dad immediately began talking to the doctors about treatment options. “He went through this whole process wanting to fight it,” she says. “He did not give up until the very end, and was willing to do anything necessary. He was definitely a warrior.”

Even while his illness sapped his strength and breath, and his chemotherapy caused him physical pain, he barely let it show, Mary says. He was still the rock of the family, looking after his wife of 55 years, Betty, along with his five kids, Mary and her sisters Lisa, Linda and Midge, and their brother Billy; as well as 8 grandchildren and one great-grandchild, all of whom live in Texas, spread out in San Antonio, Austin and Dallas.

“He put a strong face on it, even though he was struggling to breathe every day,” Mary says.

Now, the family is working to raise awareness, hoping to help other families make the diagnosis earlier, and to prevent exposure to asbestos in the first place.

“It seems like after we found out about my Dad’s diagnosis, we heard more about mesothelioma. I was watching the news after my father’s diagnosis and they were talking about Libby, Montana. Speaking to two of my friends, I found that their fathers had died from meso, and one girl’s grandmother died of mesothelioma. A contractor right here in our building, his mother is living with meso and his father passed away as a result of meso. It seems like it’s all around me.”

Mary and her family are working on awareness efforts in their cities. Mary got Austin Mayor Lee Leffingwell to sign a petition declaring Mesothelioma Awareness Day in the city, and she is working with Texas State Senator Mario Gallegos, Jr., whose father also died of mesothelioma, to create a proclamation in her father’s honor. Her goal is to get a permanent designation for Mesothelioma Awareness Day in the state of Texas.

Additionally, Mary is working with her local running clubs to establish a “Miles for Meso” event similar to the one that is taking place in Alton, Illinois, on Sept. 26 this year. She hopes to have that established and hold the inaugural race in time to celebrate Meso Awareness Day – and her Dad’s birthday – in 2010.

There is news this week that underscores the fears of our good friend Mike Crill, who has been so personally affected by the asbestos contamination in Libby, Montana. Mike has been concerned about how contamination from the W. R. Grace vermiculite mine in Libby, which operated for years in that town, would actually affect the entire country as a result of the product being exported to factories across the country, for use in making Zonolite insulation.

This week, a story in The Republican reports the U.S. Environmental Protection Agency will provide assistance to an Easthampton, Mass., town to clean up soil that is contaminated with asbestos. The affected land is the former site of a vermiculite insulation factory operated by W.R. Grace. Although the facility closed 20 years ago, it has left a legacy of danger for residents.

According to The Republican report, Grace shipped more than 250,000 tons of vermiculite ore from its Montana mine to the Easthampton factory over a period of about 40 years.

The cleanup comes as a result of city plans to extend a scenic trail into the area, and also hopes to install a new sewer line. According to The Republican, the cleanup effort involves a span of about 1,000 feet that would be the location of the trail extension and sewer project. It is estimated that soil may have to be removed to a depth of 6-12 inches, although the EPA is still examining the area.

Asbestos exposure is linked to mesothelioma, a deadly cancer that affects the lining of the chest and lungs, or, more rarely, the abdomen or heart. The only known cause of mesothelioma is asbestos exposure. There is currently no known cure for meso.

There is an interesting opinion column published in the Saturday, May 16 issue of The Billings Gazette, urging Montana residents to beware of asbestos danger. The piece, published in the wake of the W.R. Grace & Co. trial, which acquitted the vermiculite mining company of criminal responsibility in the contamination of the town of Libby, Montana, warns of widespread vermiculite danger throughout the state, and beyond.

Penned by Bruce Ingraham, a resident of Butte and president of the Asbestos Contractors and Consultations Association of Montana, the column points out that vermiculite asbestos mined in Libby was shipped throughout the state of Montana and across the country by railcar. He notes that nearly 90 percent of mesothelioma cases reported in Montana occur in communities along the railroad lines, where, he says, “literally trainloads of vermiculite were used as attic or wall insulation in your home or your neighbor’s home.”

Mesothelioma is a deadly cancer most often affecting the lining of the lungs, but which also may in rarer instances affect the lining of the abdomen and/or the heart. It is solely caused by exposure to asbestos. There is currently no proven cure for mesothelioma.

Among the materials Mr. Ingraham includes on his list of asbestos hazards are boiler pipes, floor tile, linoleum, popcorn texture, ceiling tile, drywall compound, plaster and window putty. He notes that asbestos is present in many construction materials even in structures built as late as the 1990s.

Part of the problem in Montana, he says, is that compliance with the state’s Department of Environmental Quality Asbestos Control Program (ACP) is voluntary when it comes to residential projects, and that there is widespread noncompliance. Homes and apartments with less than four units are exempt from asbestos regulations, Ingraham says.

On its web site, the ACP says that the State of Montana has a specific homeowner asbestos exclusion rule for homeowners conducting renovation or demolition projects. Under this rule, homeowners are not held to the state’s asbestos abatement laws as long as asbestos-containing materials will not affect anyone besides the owner himself, or anyone outside the homeowner’s private property.

The ACP notes that the exclusion rule only applies to the homeowner, and does not extend to any contractors hired by a homeowner. According to the ACP, “Contractors who conduct demolition, renovation, remodeling, or asbestos abatement activities in a home are obligated to follow OSHA regulations and other applicable regulations. According to OSHA, the contractor must exercise due diligence by inspecting for asbestos to determine whether materials that will be impacted contain asbestos.”

But because compliance is not required on residential projects, these regulations are very often overlooked, Ingraham says. All too often, he says, the presence of asbestos is ignored by homeowners and contractors, and as a result, hundreds of Montana workers are exposed to asbestos without their knowledge, he says.

“In some Montana communities, the noncompliance rate for asbestos is 90 percent,” Ingraham writes.

Reuters news service reported on Friday that W.R. Grace & Co. stock value jumped 36 percent following the company’s aquittal on criminal charges. The company, along with seven of its executives, had been on trial since Feb. 19 in the U.S. District Court in Missoula, Montana.

A federal grand jury charged the company and executives in February 2005 with knowingly exposing workers at its vermiculite asbestos mine, and residents of the nearby town of Libby, Montana, to deadly asbestos fibers. A June 2008 Supreme Court decision upheld the grand jury’s findings and allowed the case to proceed to trial.

However, on Friday, May 8, a jury aquitted the company and five of the executives of all criminal charges. Two company executives had already been dismissed during the trial proceedings.

Asbestos exposure is linked to serious health problems, including asbestosis, a severe scarring of the lungs, and mesothelioma, a deadly cancer that affects the lining of the lungs and, more rarely the stomach and/or heart. Studies of former W.R. Grace & Co. miners, and residents of nearby Libby, have indicated that 227 people have died to date from asbestos disease, and there are more than 1,800 active cases of asbestos disease. Of that number, 77 deaths are attributed to secondary, non-occupational exposure, affecting people who never worked in the mine.

W.R. Grace & Co. is based in Columbia, Maryland, and is worth $945 million, according to the Reuters report. The news agency reports the stock value has now doubled in 2009, at $13.06 per share, after a four-year low of $2.96 in November.

Libby, Montana, residents were devastated Friday afternoon when a jury returned a judgment aquiting W.R. Grace & Co. of criminal charges regarding its asbestos mining facility in the town. The case began in 2005 when a federal grand jury handed down an unprecedented indictment, alleging a 30-year conspiracy to defraud the government and knowingly endanger the residents of Libby. The indictment alleged Grace company officials knew they were exposing Libby workers and residents of the nearby town to asbestos fibers, and that they knew the exposure posed a dangerous health risk to those workers and residents. Grace denied the claims, saying they were diligent in efforts to protect workers and to meet government regulations for managing the substance.

Asbestos exposure causes serious disease, including asbestosis, a severe scarring of the lungs that worsens with time and impairs the ability of its victims to breathe, and mesothelioma, a deadly cancer that affects the lining of the lungs and, more rarely, the stomach and heart.

According to the report in The Missoulian, statistics compiled by the Center for Asbestos Related Disease (CARD), located in Libby, indicate that to date 227 community members have died from asbestos disease, and there are more than 1,800 active cases resulting from exposure to the deadly fiber. The newspaper notes that “the study also attributes scores of deaths to non-occupational asbestos exposures, and finds that 77 people who never worked at Grace’s mine in Libby have died of asbestos disease since 1998.”

David Uhlmann, who is former chief of the Justice Department’s environmental crimes section, who was instrumental in developing much of the early indictment against Grace, said the Government’s case against Grace was severely limited by the court, which did not allow much of the evidence to be presented to the jury. This included some of the most incriminating internal memos, he said.

The Post quotes Uhlmann as saying, “The verdict is a fair reflection of the evidence that jurors were allowed to hear. But the question that hangs over this case is what would have happened if the government were allowed to present all of the evidence that it had amassed in this multi-year investigation.”

According to a report in The Washington Post, in a court filing the government acknowledged it “has committed discovery violations in this case,” which led to many rulings excluding its evidence and weakening its case against Grace.

The Missoulian reported the reaction of two Libby residents familiar to our readers – Gayla Benefield, who was perhaps the first to raise the outcry about the dangers of deadly asbestos in the town, said the company has “gotten away with murder.” And the paper quotes our friend Mike Crill, who worked in the asbestos mine and has lost family members to asbestos related disease and suffers himself from asbestos disease.

The Missoulian says Mike cried upon hearing the verdict. The paper quotes him: “What did they die for? What am I dying for?” Crill sobbed. “They are guilty of killing us.”