Montana

Judge orders Montana health clinic to pay nearly $6 million over false asbestos claims

Published

1 year ago

July 22, 2023

Judge orders Montana health clinic to pay nearly million over false asbestos claims

BILLINGS, Mont. — A health clinic in a Montana town plagued by deadly asbestos contamination must pay the government almost $6 million in penalties and damages after it submitted hundreds of false asbestos claims, a judge ruled.

The 337 false claims made patients eligible for Medicare and other benefits they shouldn’t have received. The federally funded clinic has been at the forefront of the medical response to deadly pollution from mining near Libby, Montana

The judgement against the Center for Asbestos Related Disease clinic comes in a federal case filed by BNSF Railway in 2019 under the False Claims Act, which allows private parties to sue on the government’s behalf.

BNSF — which is itself a defendant in hundreds of asbestos-related lawsuits — alleged the center submitted claims on behalf of patients without sufficient confirmation they had asbestos-related disease.

After a seven-person jury agreed last month, U.S. District Judge Dana Christensen said in a July 18 order that he was imposing a stiff penalty to prevent future misconduct.

Christensen said he was concerned in particular that the clinic’s high-profile doctor, Brad Black, had diagnosed himself with asbestos-related disease and that a nurse gave a similar diagnosis to her own mother.

The judge also cited evidence at trial of high rates of opioid prescriptions from the clinic for people who may not have had a legitimate asbestos-related diagnosis.

The clinic demonstrated “a reckless disregard for proper medical procedure and the legal requirements of government programs,” the judge wrote.

As instructed by the law, the judge tripled the $1.1 million in damages found by the jury, to almost $3.3 million, and imposed $2.6 million in additional penalties.

The judge awarded BNSF 25% of the proceeds, as allowed under the False Claims Act. Federal prosecutors previously declined to intervene in the case, and there have been no criminal charges brought against the clinic.

The clinic’s attorneys appealed the jury’s verdict to the 9th U.S. Circuit Court of Appeals on Thursday. Clinic director Tracy McNew has said the facility could be forced into bankruptcy if forced to pay a multimillion-dollar judgement.

McNew and Black did not immediately respond to messages Saturday seeking comment.

The verdict also could harm the clinic’s reputation and potentially undermine lawsuits by asbestos victims against BNSF and others that courts have held liable for contamination that’s turned Libby into one of the nation’s deadliest polluted sites. BNSF operated a railyard in town through which asbestos-tainted vermiculite was transported from the nearby W.R. Grace Co. mine.

Railway spokesperson Lena Kent said the clinic’s actions wasted taxpayer money while diverting resources from people in legitimate need.

“The focus of this trial was on CARD’s treatment of the hundreds of people who were not sick,” Kent said. “It’s a sad chapter in this saga that this trial was necessary to restore the focus on those who are truly impacted and who should continue to have access to the benefits and care they deserve.”

The Libby area was declared a Superfund site two decades ago following media reports that mine workers and their families were getting sick and dying due to hazardous asbestos dust.

Health officials have said at least 400 people have been killed and thousands sickened from asbestos exposure in the Libby area.

The clinic has certified more than 3,400 people with asbestos-related diseases and received more than $20 million in federal funding, according to court documents.

Hampering the clinic’s defense in the false claims case was a ruling that barred testimony from former U.S. Sen. Max Baucus of Montana. Baucus helped craft a provision in the Affordable Care Act that made Libby asbestos victims eligible for government benefits. He’s said the clinic was acting in line with that law.

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.

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Montana

Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game

Published

2 hours ago

November 22, 2024

Press Room

Powerhouse Football Team Drops Incredible Hype Video For Legendary Rivalry Game

PublishedNovember 22, 2024 8:47 AM EST|UpdatedNovember 22, 2024 8:47 AM EST

Montana State brought its fastball for the team’s Brawl of the Wild hype video.

The Bobcats will take the field Saturday against the Montana Grizzlies in the latest installment of one of the greatest rivalries in all of sports.

Fans of the Bobcats and Grizzlies hate each other. They’re the only two major schools in the state, and both are FCS powerhouses.

The bitterness runs deep between the fans, and once a year, they come together on the gridiron to earn bragging rights for a year.

Montana State/Montana is one of the best rivalries in college football. The game between the FCS powerhouse programs is known as The Brawl of the Wild. (Photo by Tommy Martino/University of Montana/Getty Images)

Montana State drops epic hype video for Brawl of the Wild against Montana.

If you’re going to play in a monster college football game, then you need a great hype video to get the fans juiced up.

Well, the Bobcats brought their A-game with a hype video featuring Journey’s classic hit song “Separate Ways (Worlds Apart).”

Smash the play button below, and then hit me with your reactions at David.Hookstead@outkick.com.

That video goes insanely hard. That’s one of the best hype videos I’ve seen all season long, and I’m not at all surprised that it’s for the Brawl of the Wild.

The 11-0 Bobcats battling it out with the 8-3 Grizzlies is exactly what fans want to see in the final game of the regular season, and the stakes couldn’t be higher.

MSU is looking to go undefeated. Montana is looking to play spoiler and improve their position for the FCS playoffs.

This is what it’s all about, and do not sleep on the Brawl of the Wild simply because it’s FCS action. As someone who used to live in Bozeman, I can tell you that the environment will be nuts Saturday and the city and Bobcat Stadium will be rocking.

You can catch the game at 2:00 EST on ESPN+. It should be one of the best of the weekend. Let me know your thoughts on the Brawl of the Wild at David.Hookstead@outkick.com.

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Montana

'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase

Published

10 hours ago

November 22, 2024

Press Room

'Montana Bar Fairies' expanding to Bozeman starting Cat-Griz weekend as Gallatin County DUIs increase

BOZEMAN — People in downtown Bozeman who choose not to drink and drive after a night out will soon see fairies giving them a gift to thank them for their good choices.

“Montana Bar Fairies is a nonprofit that my daughter and I started because my son was killed by a drunk driver in the Flathead, on March 23rd, after celebrating his 21st birthday,” says Beth McBride.

Bobby Dewbre was set to graduate from Flathead Valley Community College with a welding certificate before he was hit by a drunk driver while waiting for his sober ride.

To ensure no other family experiences the grief they do, Beth McBride and her daughter Carli Dewbre decided to start Montana Bar Fairies.

Hevenn Vanh

Montana Bar Fairies shirt that says, “Your luck will run out. Don’t drink and drive.”

“My daughter drove by a bar early in the morning on her way to work and she saw some cars in the parking lot. And she called me up and she said, ‘Mom I wish there was a way that we could thank people for not drinking and driving, for leaving their cars,’” McBride recalls.

The nonprofit began in Kalispell almost a year ago, but an increase in DUI-related accidents in Gallatin County brought the Bar Fairies to Bozeman.

“There seems to be a desire for the community here to say, ‘You know what? We’re done.’ It’s over. We’re not accepting drunk driving anymore. It’s time to save lives,” says McBride.

According to the Gallatin County DUI Task Force, Gallatin County consistently ranks in the top five most dangerous counties in Montana for impaired driving—with Bozeman Police issuing a majority of all DUIs in the county.

Bozeman’s Bar Fairies chapter director and MSU student, Patricia Hinchey, says there’s no better time to start their work in Bozeman than the weekend of Cat-Griz.

“Sunday morning, we’re going to be going really early and placing coffee cards on cars, around downtown, in the parking lots, along the streets. And so, if you’re lucky, you might get a coffee card thanking you for not drinking and driving after the Cat-Griz game,” Hinchey says.

Included with each coffee card is a card with a story of someone who lost their life to a drunk driver. Patricia says they’re looking for Bozeman families willing to share their story, as well as more volunteers.

“We want to take Montana from the worst state for DUI fatalities to zero. And we need the community’s help to do that,” says McBride.

Contact Hinchey for help with Bozeman’s chapter at Patricia@montanabarfairies.org

Learn more about Montana Bar Fairies at their website.

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Montana

What’s At Stake For No. 1 NDSU at No. 4 USD & No. 9 Montana at No. 2 Montana State?

Published

20 hours ago

November 21, 2024

Press Room

What’s At Stake For No. 1 NDSU at No. 4 USD & No. 9 Montana at No. 2 Montana State?

The FCS playoff picture will take shape with Week 13 games a day before FCS Selection Sunday.

The Top 4 seeds could be pretty clear, depending on results. The Top 5 seeds could also get real messy, depending on results.

Two Top 10-ranked matchups will especially impact the order of the overall Top 8 seeds: No. 1 NDSU at No. 4 USD and No. 9 Montana at No. 2 Montana State.

What does this weekend’s result mean for these four teams and their playoff positioning? We’ll go through the scenarios below.

For the purposes of this article, we’ll say things go chalk and No. 5 UC Davis wins at Sac State and No. 3 SDSU wins at No. 18 Missouri State, which is no guarantee, but they would be big upsets if Davis or SDSU were to lose.

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If Montana State & NDSU Win

NDSU and Montana State should be the Top 2 playoff seeds with home-field advantage.

It will be a healthy discussion in the selection room and during the committee member voting process on who the No. 1 seed is.

NDSU: 11-1 overall, 11-0 vs. the FCS, 5 currently-ranked wins, 2 Top 10 wins, No. 1 strength of schedule
MSU: 12-0 overall, 3 currently-ranked wins, 3 Top 10 wins, FBS win, No. 22 SOS

NDSU has been ranked No. 1 for most of this year, and the committee could have the same mindset as voters, similar to 2022.

Two years ago, Sac State had a better on-paper resume than SDSU, but SDSU, who was ranked No. 1 for most of the season, got the top seed. Sac State was 11-0 with an FBS win, four ranked wins, and the No. 4 SOS. SDSU was 10-1 overall, 10-0 vs. the FCS, three ranked wins, and the No. 5 SOS.

Seeds 3-4 behind NDSU and MSU would probably be SDSU and UC Davis, assuming they win on Saturday.

SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU
UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU

Mercer, Idaho, or UIW could fight for the No. 5 seed after this.

With a loss, Montana would finish 8-4 overall/vs. the FCS with two currently-ranked wins. The Grizzlies will likely get a 9-16 seed and host a first-round game.

With a loss, USD will be nervously wondering if it’ll get a first-round bye. The Coyotes would finish 8-3 overall with only seven D1 wins and zero currently-ranked victories. How does that stack up to other teams with nine or 10 D1 wins who are fighting for a Top 8 seed? USD’s No. 8 SOS could help its argument, and if it were to lose to NDSU, a close loss would be important for the “eye test” instead of getting blown out.

If Montana State & USD Win

Montana State should jump to the No. 1 seed at 12-0, three currently-ranked wins, three Top 10 wins, and an FBS win.

With a loss, Montana would finish 8-4 overall/vs. the FCS with two currently-ranked wins. The Grizzlies will likely get a 9-16 seed and host a first-round game.

Seeds 2-5 then get very interesting in this scenario. The committee would have to sort through these teams to seed behind Montana State (assuming SDSU and UC Davis win on Saturday):

UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU
NDSU: 10-2 overall, 10-1 vs. the FCS, 4 currently-ranked wins, 1 Top 10 win, No. 1 SOS, FCS loss to USD
USD: 9-2 overall, 8-1 vs. the FCS, 8 D1 wins, 1 currently-ranked win, 1 Top 10 win, No. 8 SOS, FCS loss to SDSU
SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU

If Montana & NDSU Win

Montana should get into the Top 8 seeds at 9-3 overall/vs. the FCS with three currently-ranked wins, one Top 10 win, and the No. 18 SOS. The Griz would likely be in the 6-8 seed range.

NDSU should secure the No. 1 seed with a win and a Montana State loss. The Bison would be 11-1 overall, 11-0 vs. the FCS, five currently-ranked wins, two Top 10 wins, and the No. 1 SOS.

Seeds 2-4 then get very interesting in this scenario. The committee would have to sort through these teams to seed behind NDSU (assuming SDSU and UC Davis win on Saturday):

UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU
MSU: 11-1 overall, 11 D1 wins, 2 currently-ranked wins, 2 Top 10 wins, FBS win, No. 22 SOS, FCS loss to Montana
SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU

Mercer, Idaho, or UIW could fight for the No. 5 seed after this.

If Montana & USD Win

Montana should get into the Top 8 seeds at 9-3 overall/vs. the FCS with three currently-ranked wins, one Top 10 win, and the No. 18 SOS. The Griz would likely be in the 6-8 seed range.

Seeds 1-5 would be an absolute battle in this scenario. The committee would have to sort through these teams to seed the Top 5 (assuming SDSU and UC Davis win on Saturday):

UC Davis: 10-2 overall, 10-1 vs. the FCS, 2 currently-ranked wins, 2 Top 10 wins, No. 15 SOS, FCS loss to MSU
MSU: 11-1 overall, 11 D1 wins, 2 currently-ranked wins, 2 Top 10 wins, FBS win, No. 22 SOS, FCS loss to Montana
SDSU: 10-2 overall, 9-1 vs. the FCS, 9 D1 wins, 3 currently-ranked wins, 2 Top 10 wins, No. 3 SOS, FCS loss to NDSU
NDSU: 10-2 overall, 10-1 vs. the FCS, 4 currently-ranked wins, 1 Top 10 win, No. 1 SOS, FCS loss to USD
USD: 9-2 overall, 8-1 vs. the FCS, 8 D1 wins, 1 currently-ranked win, 1 Top 10 win, No. 8 SOS, FCS loss to SDSU

Uffda. Good luck!