Grace lawsuit claimants still in limbo

As W.R. Grace & Co. works through bankruptcy, 760 Libby-related claimants are still waiting for justice.

That’s Kalispell attorney Jon Heberling’s latest count of clients with civil lawsuits against the Maryland-based corporate giant blamed for poisoning Libby miners and residents with asbestos dust from the vermiculite mine.

The civil claims were halted in 2001 when Grace filed for bankruptcy.

During a two-week bankruptcy trial that wrapped up in early October, Dr. Alan Whitehouse, a retired Spokane pulmonary specialist who treated Libby patients for years, was among those who testified.

A second expert called in to support Whitehouse’s testimony was Dr. Arthur Frank of Philadelphia.

Among the most recent findings by Whitehouse is that for Libby residents exposed to asbestos dust, there’s a 59 percent probability of death after being diagnosed.

“No other place on the planet has that,” Heberling said, adding that the asbestos-related death count they can prove is now more than 300 victims.

Lawsuits of the deceased still go forward, he said.

Final arguments in the Grace bankruptcy are scheduled for January. Heberling guessed an outcome perhaps by next fall, and noted there may be appeals after that.

Grace has categorically denied any wrongdoing.