Burns receives input on FAIR

By ROGER MORRIS Western News Publisher

W.R. Grace should be held financially accountable for a community medical trust in the Libby area and for the environmental cleanup, Libby residents told U.S. Sen. Conrad Burns during a special video conference Saturday at the Lincoln County Campus of Flathead Valley Community College.

Burns did get affirmation from local residents that he and Sen. Max Baucus are on the right track with their efforts on the "Fairness in Asbestos Injury Resolution Act of 2005," slated to be debated in the Senate beginning Feb. 6.

Thus far, the act includes a $140 billion trust with language, known as the "Libby fix," introduced by Baucus that would provide diagnosed Libby residents with about $400,000 each and mesothelioma victims with $1 million. Burns is fighting to add language restoring a diffusion capacity test provision that was removed during a Judiciary Committee markup of the bill.

"Without the DCLO provision, we're afraid 40 percent of the Libby people who should be compensated will be left out," Burns said.

Burns provided language to Specter's office that would include the DCLO standard, and the Montana senator said he will continue to fight for its inclusion on the Senate floor. He has said he will not support the legislation in any form unless the provision is restored. He also said his staff was working closely with Baucus' staff to represent Libby.

"We've got one heckuva fight on our hands and we're going to fight," Burns said. "This is one of the most important issues to come up for Libby that we will deal with in the Senate. It touches almost every life in Libby."

Burns said the bill was in "limbo" until it hits the Senate floor when language can be changed.

"When it comes to the floor there are going to be a lot of amendments," he said.

"We want to get as close to an ideal situation as we can," Burns continued. "We're going to take directive from you folks there."

Community leaders expressed concerns that the "Libby fix" compensation did not necessarily address the long-term medical treatment needs of the community and that victims of asbestos-related disease would have to turn to Medicaid, Medicare, private insurers or not paying their bills.

Burns aide Jody Peters said at this

time there is no language in the act requiring qualified Libby victims to spend the $400,000 or the $1 million on medical treatment. Burns and Peters, as well as a portion of the Libby audience, agreed that the compensation in the act was a lot like a punitive award won in a lawsuit.

"This isn't something that happened to us, it was done to us," said ARD victim Les Skramstad. "People should be able to salvage their dignity while they are dying."

Skramstad shared the story of a Korean War veteran friend who recently died of asbestos-related disease and was concerned about being penniless. He said the Grace health care plan paid for some of his medical bills but not his bills or his funeral.

"They are gracious enough to pay for an autopsy," Skramstad said.

"I want to thank you, thank you very much," said Gayla Benefield, a Libby victims advocate. She expressed concerns with the compensation not being enough and with people's priorities in paying bills over personal health care.

"Health care could fall back to the state and federal government," she said.

"I think people should get money for their pain and suffering (since their right to sue is eliminated by the act)," Benefield continued. "The DCLO is great; it is a big hurdle we've been asking for a long time."

Benefield and Kerry Beasley said that without adequate funding for a health trust for the Libby victims, Medicare, Medicaid and the local medical facilities will take the brunt of the expenses to provide medical treatment.

The $140 billion trust will come from payments by the asbestos companies, who will be relieved of financial liability, and a number of insurance companies.

"Do the rest of the companies understand Grace's liability?" Benefield asked Burns.

"There is quite a bit of push back by the insurance companies," Burns said. "There is concerns about who and how much money is paid into this trust fund."

Peters explained that the actual amount of the trust is of concern to many senators and the actual amount might change.

"We're trying to make sure the right amount is used," she said. "There is concern that the Libby fix language could cost more than the actuaries figure because it is unknown how many people were exposed at Libby."

Benefield said that between 1949 and 1992, when Grace closed its mine and milling operations, there were 1,899 employees. From 1964 through 1974 there were 10,000 workers on the Libby Dam project and many of those people are starting to turn up with ARD, Benefield said. For 10-20 years, children played on the middle school and high school tracks lined with asbestos contaminated vermiculite from the former Grace mine.

"We're looking at roughly 1,100 people today but that's today," Benefield said. "We have no way of really knowing how many. The numbers are astronomical."

She said those numbers make money for research important to find early detection and treatment.

Burns asked what role should Grace play?

"Grace should be solely responsible to the victims," Benefield replied. "It's been proven over and over in court that they are responsible. To this community, Grace should be solely responsible."

Burns asked if the Grace health plan should continue?

"I'd like to see the plan they initially laid out continue," Benefield responded. "It's hard to collect on a claim today because of all the changes they've made to the plan. I'd like to see a health care plan, some health care plan in place for Libby people."

LeRoy Thom said it should be a health care plan not administered by Grace since the services they are presently providing are dwindling.

"I would like to see a health care plan first and foremost in Libby and administered by an organization in Libby," he said.

Burns concluded by saying, "This could be a pivotal week so I thought it important to clear the air."

He said he and his staff are scheduling a visit to Libby in April.