Lifestyle

With Property Seized and Federal Funding Unsure, Montana Asbestos Clinic Fights for Its Life

Aaron Bolton, MTPR

LIBBY, Mont. — Dozens of toes of tubing join Gayla Benefield to her oxygen machine so she will be able to stroll from room to room inside her house on the picturesque Kootenai River, surrounded by the Cabinet Mountains.

Like many individuals who dwell on this distant city about 80 miles from the U.S.-Canada border, the 81-year-old Benefield has asbestosis, or scarring of the lungs from asbestos publicity.

Her father labored at a now-closed mine that equipped a lot of the world’s vermiculite, a mineral with all kinds of makes use of in insulation, fireproofing, and even gardening. The mine closed in 1990, and in 1999, a Seattle Post-Intelligencer investigation publicly revealed the connection between the asbestos-contaminated mineral and the rising variety of sick Libby residents.

Benefield remembered the white mud that coated her father’s garments when he obtained house from work, and he or she realized later that the entire household had been uncovered to asbestos, a tiny fiber that lodges within the lining of the lungs.

“Eventually, that scarring will fully surround your lungs,” Benefield stated, “and slowly strangle you.”

The Environmental Protection Agency declared elements of Libby a Superfund site in 2002. Seven years later, the company declared a public well being emergency for the city — a primary in U.S. historical past. A research discovered that 694 Libby residents had died of an asbestos-related trigger from 1979 to 2011. Additionally, well being suppliers within the city of three,200 estimate that 1 in 10 residents have an asbestos-related sickness.

That estimate is from the Center for Asbestos Related Disease, or CARD, a 501 (c)(3) nonprofit clinic that has supplied free lung screenings for locals. The clinic, which operates primarily by way of U.S. authorities funding, has screened more than 8,900 people. Because asbestos-related illness signs can take 30 years or longer to look, almost a 3rd of the clinic’s screenings are for brand spanking new sufferers, in line with a 2024 CARD report.

But now, Libby residents can now not get that care as a result of a judgment in a lawsuit introduced by BNSF Railway closed the CARD clinic in May. Clinic leaders are preventing the courtroom order and have vowed to reopen its doorways, however the lawsuit isn’t the one menace to the clinic’s survival.

The federal grant that gives 80% of the clinic’s working income is on a list of cuts the Trump administration is contemplating. If the $3 million grant is lower, the clinic would probably shut for good, CARD government director Tracy McNew stated.

The grant was frozen then unfrozen, after the Office of Management and Budget issued then rescinded a memo freezing grants having to do with nongovernmental organizations; variety, fairness and inclusion; and different areas. But White House officers have stated they may proceed reviewing these grants for potential cuts, leaving McNew unsure of the grant’s standing at the same time as clinic officers — and Department of Justice attorneys — struggle in courtroom to recuperate the CARD property seized within the BNSF lawsuit.

The Office of Management and Budget, the White House. and the Department of Health and Human Services didn’t reply to NPR and KFF Health News’ request for touch upon the standing of the clinic’s grant.

Cutting the grant may not be straightforward, stated Tim Bechtold, an lawyer who represented the clinic within the BNSF case. The Affordable Care Act gave Libby asbestos sufferers entry to Medicare and calls on the federal authorities to supply grants to fund diagnostic companies for them.

In 2020, the Montana Supreme Court ruled that BNSF may very well be held answerable for spreading asbestos alongside its tracks when the railroad shipped Libby vermiculite throughout the nation.

The 12 months earlier than, the railroad sued underneath the False Claims Act, arguing that CARD defrauded the federal government by erroneously diagnosing sufferers and serving to them apply for Medicare advantages. The regulation permits non-public events to take on fraud cases on behalf of the federal authorities if federal prosecutors decline to take the case. Money awarded in these circumstances goes again to the federal authorities, however non-public events hold a portion of the winnings.

A jury sided with BNSF’s claims that CARD falsified the data of greater than 300 sufferers who acquired federal advantages. CARD officers stated these sufferers didn’t obtain a prognosis of asbestos-related illness, however the clinic decided them eligible for Medicare underneath the ACA primarily based on irregular radiology readings.

In a press release to NPR and KFF Health News, BNSF denied the lawsuit was an try and keep away from authorized legal responsibility for asbestos contamination alongside its tracks.

In 2023, the clinic filed for chapter, citing the BNSF lawsuit. In May, BNSF persuaded a county courtroom to allow the company to seize almost all of CARD’s property to gather its share of the roughly $6 million courtroom judgment. It took management of almost every thing, from the clinic’s constructing to its garden mower.

The federal authorities is coming to CARD’s defense. In a courtroom submitting, the workplace of the U.S. Attorney for Montana, Kurt Alme, stated that as a result of CARD property was largely bought with federal grant funding, BNSF can not seize it.

The case has moved to federal courtroom and the decide is anticipated to rule on whether or not BNSF can seize CARD property to gather its portion of the judgment. In the meantime, CARD sufferers must look elsewhere for screening and remedy, companies that may very well be tough to seek out.

Diagnosing folks with asbestos-related illness or displaying that different situations are tied to asbestos publicity requires experience, stated Robert Kratzke, an oncologist on the University of Minnesota who research cancers tied to asbestos.

“Most physicians would be modestly clueless about what to look for,” he stated.

Kratzke defined X-rays or CT scans must be completed in a selected approach and browse by specialised medical doctors, referred to as B readers, to diagnose sufferers.

Kratzke stated rebuilding the experience of the CARD clinic could be tough in a small city like Libby.

“It would be very, very hard for the physicians and hospitals in Libby to follow these people as they would need to be followed for the rest of their lives,” Kratzke stated.

Jenan Swenson is the one one among Gayla Benefield’s 5 youngsters who hasn’t but been identified with an asbestos-related illness.

She acquired the outcomes of her final screening on the CARD clinic the day earlier than it closed in May. For now, the 62-year-old is within the clear.

Swenson expects to ultimately develop respiration issues from her asbestos publicity as a baby. Her mother, for whom she is a caregiver, additionally wants ongoing screenings for lung most cancers.

She worries they’ll must journey out of state to seek out that care if the CARD clinic doesn’t reopen, which Swenson stated they will’t afford. She doesn’t assume her household would be the just one.

“There’s going to probably be a lot of people just lost out there with no place to go,” Swenson stated.

This article is a part of a partnership with NPR and Montana Public Radio.

KFF Health News is a nationwide newsroom that produces in-depth journalism about well being points and is likely one of the core working applications at KFF—an impartial supply of well being coverage analysis, polling, and journalism. Learn extra about KFF.

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