Clapper, Patti, Schweizer and Mason

W.R. Grace & Co. has agreed to pay up to $140 million to settle a nationwide class action lawsuit that was filed in the United States District Court of Montana.   The law suit, brought on behalf of property owners, alleged that W.R. Grace produced an attic insulation, Zonolite, that threatened the health and safety of property owners because it contained tremolite, an especially dangerous form of asbestos. 

 

Zonolite insulation was manufactured using a mineral called vermiculite, which is associated with tremolite.  Tremolite is composed of microscopic fibers that, when inhaled, lodge in the lining of the lungs. Once the particles penetrate the lung tissue, they stay in the lungs permanently.  There is no way to remove them. Over time, the lodged fibers cause the lungs to become inflamed and scarred, resulting in such diseases as mesothelioma, lung cancer, asbestosis and other incurable diseases. 

 

Mesothelioma is almost exclusively linked to exposure to asbestos dust. Symptoms of exposure to tremolite asbestos dust can show up anytime from a couple years up to 40 years after first exposure.

 

Zonolite Attic Insulation was manufactured from vermiculite mined in the Libby Montana area and then transported to expansion plants throughout the United States. It was then installed in thousands of homes, businesses and properties throughout the nation.

 

The lawsuit contended that the dangers of Zonolite were known all along by W.R. Grace, who nonetheless continued to sell the insulation without any warnings as to the dangers posed to property owners and builders. The complaint asked for an order compelling W.R. Grace to pay for a nationwide notification program warning of the dangers and advising protective steps to take to avoid exposure. It also sought the creation of a containment program that would help compensate homeowners who needed to remove or maintain the insulation.

 

As for monetary compensation, W.R. Grace will pay $30 million cash into a trust fund, an additional $30 million cash after three years, and make up to 10 additional annual payments of $8 million if certain conditions are met.