PRESS RELEASE
LIEFF, CABRASER, HEIMANN & BERNSTEIN LLP ANNOUNCES THE FILING OF ASBESTOS CLASS ACTION SUIT AGAINST W.R. GRACE & CO. FOR MEDICAL MONITORING AND CLEAN UP IN LINCOLN COUNTY, MONTANA
SAN FRANCISCO, CA--January 31, 2000
          Darrell W. Scott of Lukins & Annis, P.S. and Elizabeth Cabraser of Lieff, Cabraser, Heimann & Bernstein, LLP, announced today the filing of a class action lawsuit against W. R. Grace & Co., for medical monitoring and environmental remediation in connection with tremolite asbestos-contaminated vermiculite ore mining operations conducted for over 60 years at Zonolite Mountain in the City of Libby in Lincoln County, Mont. (Dorrington and Sather v. W. R. Grace & Company et. al., Lewis & Clark County, Montana, case no. to be assigned).
          According to attorneys Darrell Scott and Elizabeth Cabraser, "the class action lawsuit seeks a court order creating and implementing a court-controlled, defendant funded, medical diagnostic program for the benefit of exposed residents and workers. The proposed program would include:
  1. medical screening to ensure the early detection and treatment of diseases caused by tremolite, including asbestosis, lung cancer and mesothelioma;
  2. maintenance and operation of a medical registry that keeps track of relevant health data;
  3. dissemination of medical data to public and private health institutions to promote significant medical research into new treatments for the often-deadly diseases caused by tremolite; and
  4. funding of beneficial medical research and procedures for prompt reporting to health-care providers of developments relating to the diagnosis and treatment of these diseases."
          The class action suit alleges a pattern and practice of unsafe mining operations and the longstanding concealment, by W. R. Grace & Co., of the true hazards, and continuing dangers, of tremolite exposure. Tremolite asbestos is an especially deadly form of asbestos because it consists of tiny needle-like fibers which are sharply pointed and easily penetrate the linings of the lungs.
          The lungs are unable to remove tremolite asbestos that has speared into lung tissue, and the tremolite spears cannot be coughed out or washed out of the lung tissues by blood. As a result, affected lung areas become inflamed and eventually the lung areas become heavily scarred and non-functional. Eventually, it becomes impossible to breath effectively because oxygen cannot get into the lungs and carbon dioxide and other impurities cannot get out.
          Scott and Cabraser stated that "the medical monitoring class action is necessitated by the inadequacy of W. R. Grace & Co.'s voluntary efforts, which would cover only a tiny fraction of the costs necessary for adequate screening of those exposed. The W.R. Grace & Co. proposal fails to include screening of thousands of workers and their households, nationwide, who were directly exposed to tremolite contaminated vermiculite; lacks a beneficial medical research component; and fails to formally involve medical physicians and researchers most knowledgeable about tremolite exposure."
          Darrell Scott, whose offices are in Spokane, Wash., about a two and one-half hour drive from Libby, said: "It is a tribute to the character of those who live in Libby that they have endured so much and for so long. They live in one of the most beautiful spots in this country. We are hopeful that this litigation will achieve significant progress toward ensuring that Libby, Montana is also a safe and healthy place to live and raise families."
          Scott and Cabraser also expressed interest in ensuring that W. R. Grace & Co., and not the taxpayers of Montana, shoulder the costs associated with W. R. Grace's mining activities in Libby.
          If any present or former Lincoln County resident or any vermiculite processing worker, or their household members, who processed vermiculite ore from Zonolite Mountain in Lincoln County wish to speak to an attorney in connection with their rights, they may contact Darrell Scott of Lukins & Annis at 509/455-9555 or 888/760-7000 and/or Fabrice Vincent of Lieff, Cabraser, Heimann & Bernstein, LLP at 415/956-1000 or 800/254-3079 or by e-mail to Fabrice Vincent at Lieff, Cabraser.

FACT SHEET
  • Plaintiffs: The class representative plaintiffs are Andy Dorrington, who is a resident of Libby, and Marvin Sather, who resided in Libby for some years and is presently a resident of Spokane.
  • Defendants: W.R. Grace & Co.
  • Court: The lawsuit was filed Jan. 31, 2000 in Montana State Court in the City of Helena, located in Lewis and Clark County, Montana.
  • Claims Alleged: The Class Action lawsuit alleges violations of the Montana Constitution; negligence; private and public nuisance; trespass and strict liability for ultra hazardous activity. Article II, Section 3 of the Montana Constitution provides:

all persons are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the right to pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways.
  • Relief Sought: The Class Action Complaint seeks medical monitoring and related beneficial medical research and environmental remediation and restoration.

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