CARD leaders say verdict won't halt its efforts

A federal jury’s decision that the Center for Asbestos Related Disease in Libby committed fraud has not deterred its leadership in saying it will continue to serve the local community.

The panel of seven people ruled Wednesday in federal court in Missoula that the clinic submitted 337 false asbestos claims that made patients eligible for Medicare and other benefits. The jury also determined that the U.S. government sustained about $1 million in damages due to the fraud.

The clinic is a non-profit organization that evolved in response to raised awareness of the wide-spread asbestos exposure in the Libby that became known in 1999. 

CARD Executive Director Tracy McNew and Board President Leroy Thom said they were both disappointed by the verdict and felt a ruling by Judge Dana L. Christensen hamstrung its case against railroad giant BNSF.

“CARD is disappointed with the verdict,” McNew said in a written response to a query from The Western News. “Because of evidentiary rulings by the judge, CARD was unable to present its full arguments to the jury. For example, former Senator Max Baucus was prevented from testifying on CARD’s behalf regarding the Affordable Care Act Libby provision.”

In his closing argument, CARD attorney Tim Bechtold said the clinic was, “Doing exactly what they thought the law allowed them to do.”

Thom said the ruling by Judge Christensen was a problem.

“I think the judge not allowing Max Baucus to testify is a problem. CARD was following the rule and it frustrates me. Hear all the evidence,” Thom said. “CARD hasn’t done anything wrong. They’ve built a good reputation and this kinda puts a black eye on it. But the patients probably don’t believe it.”

Thom also said there was no reason for the clinic to do anything illegal.

“There is no benefit to CARD to try and do something illegal, to jeopardize their grants,” Thom said. “We had a conference call with the lawyer and to me, it was pretty cut and dried. We were happy with how staff had been following the Affordable Care Act.”

Thom also said the clinic has never had anything but the best interest of its patients at heart.

“CARD is the railroad’s scapegoat,” he said.

As for the future of the clinic, McNew and Thom both said they will move forward.

“CARD stands by its mission to serve the Libby community and others impacted by asbestos exposure,” McNew wrote. “We plan to file an appeal and keep our doors open.

“I strongly believe in CARD’s mission to help those affected by asbestos exposure as well as the importance of advancing asbestos science to improve our understanding of Libby Amphibole asbestos, promote prevention, early detection and improve treatment.”

Thom said, “We’ll just keep going and doing our business as best we can. We’re just a little, small-town business and we’ve never tried to put anyone in a bad light.”

In terms of securing future grants to run the clinic, it is a less clear. According to information on its website, CARD has an ongoing grant from the Center for Disease Control and the Agency for Toxic Substances and Disease Registry (ATSDR).

“ATSDR testified in support of CARD at the trial and is aware of the verdict, but has not informed CARD if the verdict will have any impact on funding,” McNew wrote.

According to a post on the CARD Facebook page, the Montana House of Representatives passed a resolution, introduced by Rep. Steve Gunderson, that allowed it to designate the clinic as a Center of Excellence.

CARD says the designation will allow it to access additional funding both to meet its current obligations to the Lincoln County community and to expand not only clinical but also educational services to people nationwide potentially exposed to Libby Amphibole asbestos.