Montana asbestos clinic seeks to reverse $6M in fines, penalties over false claims
A health clinic in a Montana town plagued by deadly asbestos contamination is asking an appeals court to reverse almost $6 million in fines and penalties after a jury found it submitted hundreds of false claims
BILLINGS, Mont. — A health clinic in a Montana town that was polluted with deadly asbestos will ask a federal appeals court on Wednesday to reverse almost $6 million in fines and penalties after a jury determined it submitted hundreds of false claims on behalf of patients.
The jury verdict came last year in a lawsuit brought by Texas-based BNSF Railway, which separately has been found liable over contamination in Libby, Montana, that's sickened or killed thousands of people. Asbestos-tainted vermiculite was mined from a nearby mountain and shipped through the 3,000-person town by rail over decades.
After BNSF questioned the validity of more than 2,000 cases of asbestos-related diseases found by the clinic, a jury last year said 337 of those cases were based on false claims, making patients eligible for Medicare and other benefits they shouldn’t have received.
Asbestos-related diseases can range from a thickening of a person’s lung cavity that can hamper breathing to deadly cancer. Exposure to even a minuscule amount of asbestos can cause lung problems, according to scientists. Symptoms can take decades to develop.
BNSF alleged the clinic submitted claims based on patient X-ray evidence that should have been corroborated by a health care provider's diagnosis, but were not. Clinic representatives argued they were acting in good faith and following the guidance of federal officials who said an X-ray reading alone was sufficient diagnosis of asbestos disease.
Judge Dana Christensen ordered the clinic to pay $5.8
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