Choose Orders Montana Well being Clinic to Pay Practically $6 Million Over False Asbestos Claims

BILLINGS, Mont. (AP) — A well being clinic in a Montana city affected by lethal asbestos contamination should pay the federal government nearly $6 million in penalties and damages after it submitted hundreds of false asbestos claims, a choose dominated.

The 337 false claims made patients eligible for Medicare and different advantages they should not have acquired. The federally funded clinic has been on the forefront of the medical response to lethal air pollution from mining close to Libby, Montana

The judgement towards the Middle for Asbestos Associated Illness clinic is available in a federal case filed by BNSF Railway in 2019 underneath the False Claims Act, which permits non-public events to sue on the federal government’s behalf.

BNSF — which is itself a defendant in lots of of asbestos-related lawsuits — alleged the middle submitted claims on behalf of sufferers with out adequate affirmation they’d asbestos-related illness.

After a seven-person jury agreed final month, U.S. District Choose Dana Christensen mentioned in a July 18 order that he was imposing a stiff penalty to forestall future misconduct.

Christensen mentioned he was involved specifically that the clinic’s high-profile physician, Brad Black, had identified himself with asbestos-related illness and {that a} nurse gave an analogous analysis to her personal mom.

The choose additionally cited proof at trial of excessive charges of opioid prescriptions from the clinic for individuals who could not have had a reputable asbestos-related analysis.

The clinic demonstrated “a reckless disregard for correct medical process and the authorized necessities of presidency packages,” the choose wrote.

As instructed by the regulation, the choose tripled the $1.1 million in damages discovered by the jury, to nearly $3.3 million, and imposed $2.6 million in further penalties.

The choose awarded BNSF 25% of the proceeds, as allowed underneath the False Claims Act. Federal prosecutors beforehand declined to intervene within the case, and there have been no legal fees introduced towards the clinic.

The clinic’s attorneys appealed the jury’s verdict to the ninth U.S. Circuit Court docket of Appeals on Thursday. Clinic director Tracy McNew has mentioned the power could possibly be compelled out of business if compelled to pay a multimillion-dollar judgement.

McNew and Black didn’t instantly reply to messages Saturday searching for remark.

The decision additionally might hurt the clinic’s popularity and doubtlessly undermine lawsuits by asbestos victims towards BNSF and others that courts have held responsible for contamination that’s turned Libby into one of many nation’s deadliest polluted websites.

The Libby space was declared a Superfund web site 20 years in the past following media stories that mine staff and their households have been getting sick and dying as a result of hazardous asbestos mud.

BNSF operated a railyard on the town by way of which asbestos-tainted vermiculite was transported from the close by W.R. Grace Co. mine.

Well being officers have mentioned at the very least 400 individuals have been killed and 1000’s sickened from asbestos publicity within the Libby space.

The clinic has licensed greater than 3,400 individuals with asbestos-related ailments and acquired greater than $20 million in federal funding, in keeping with court docket paperwork.

Hampering the clinic’s protection within the false claims case was a ruling that barred testimony from former U.S. Sen. Max Baucus of Montana. Baucus helped craft a provision within the Reasonably priced Care Act that made Libby asbestos victims eligible for presidency advantages. He is mentioned the clinic was appearing according to that regulation.

Asbestos-related ailments can vary from a thickening of an individual’s lung cavity that may hamper respiration to lethal most cancers.

Publicity to even a minuscule quantity of asbestos may cause lung issues, in keeping with scientists. Signs can take many years to develop.

Copyright 2023 The Associated Press. All rights reserved. This materials will not be printed, broadcast, rewritten or redistributed.