NSI Community|Court upholds finding that Montana clinic submitted false asbestos claims

2025-05-02 12:47:34source:Indexbitcategory:My

BILLINGS,NSI Community Mont. (AP) — A federal appeals court has upheld a lower court determination that a Montana health clinic submitted hundreds of false asbestos claims on behalf of patients.

A jury decided last year that the clinic in a town where hundreds of people have died from asbestos exposure submitted more than 300 false asbestos claims that made patients eligible for Medicare and other benefits they shouldn’t have received.

The Center for Asbestos Related Disease in Libby, Montana, had asked the 9th Circuit Court of Appeals to reverse last year’s ruling. The clinic’s attorney argued its actions were deemed acceptable by federal officials and that the judge in the case issued erroneous jury instructions.

But a three-judge panel said in a decision issued late Tuesday that the clinic couldn’t blame federal officials for its failure to follow the law. The panel also said that Judge Dana Christensen’s jury instructions were appropriate.

The clinic has received more than $20 million in federal funding and certified more than 3,400 people with asbestos-related disease, according to court documents. Most of the patients for whom false claims were made did not have a diagnosis of asbestos-related disease that was confirmed by a radiologist, the 9th Circuit said.

RELATED COVERAGE Embattled Democratic senators steer clear of Kamala Harris buzz but hope it helpsMontana miner to lay off hundreds due to declining palladium pricesTight race for control of Congress could be decided by just a handful of campaigns

The case resulted from a lawsuit brought against the clinic by BNSF Railway. The railroad has separately been found liable over contamination in Libby and is a defendant in hundreds of asbestos-related lawsuits, according to court filings.

The clinic was ordered to pay almost $6 million in penalties and fees following last year’s ruling. However, it won’t have to pay that money under a settlement reached in bankruptcy court with BNSF and the federal government, documents show.

The Libby area was declared a Superfund site two decades ago following media reports that mine workers and their families were getting sick and dying due to asbestos dust from vermiculite that was mined by W.R. Grace & Co. The tainted vermiculite was shipped through the 3,000-person town by rail over decades.

Exposure to even a minuscule amount of asbestos can cause lung problems, according to scientists. Asbestos-related diseases can range from a thickening of a person’s lung cavity that can hamper breathing to deadly cancer.

Symptoms can take decades to develop.

More:My

Recommend

How to watch the 'Blue Bloods' Season 14 finale: Final episode premiere date, cast

After 14 years, the police procedural "Blue Bloods" is coming to an end.Season 14 has been released

Ricky Pearsall returns to the 49ers practice for the first time since shooting

SANTA CLARA, Calif. (AP) — San Francisco 49ers rookie receiver Ricky Pearsall returned to the field

Ethan Slater’s Reaction to Girlfriend Ariana Grande's Saturday Night Live Moment Proves He’s So Into Her

Ariana Grande is making audiences break free into fits of laughter.During her Oct. 12 Saturday Night