Medical Expert Excused from W. R. Grace Trial

A key medical expert witness in the W. R. Grace trial was excused yesterday. Dr. Aubrey Miller had been on the witness stand for 3 ½ days. During most of that time, the lawyers for the defense attempted to question the doctor’s credibility.

Dr. Miller was a member of the EPA emergency response team that visited Libby, Montana back in November of 1999. Dr. Miller’s testimony referenced other asbestos cases where non-miners had contracted asbestos-related diseases. In those cases, the EPA found that high concentrations of asbestos fibers were found throughout the community, not just at the source of the asbestos contamination.

Dr. Miller went on to testify that W.R. Grace was aware of the asbestos contamination for years through the results of company product testing, but chose to hide that knowledge from both the employees and members of the community.

The defense systematically attempted to discredit Miller’s testimony. The defense was given the rare opportunity to “re-cross” Dr. Miller. Re-crossing is rarely allowed during federal trials.

Defense attorney Thomas Frongillo then accused Miller of hiding information about the types of asbestos in Libby’s air. Earlier in the trial, Attorney Frongillo referenced a study, which shows that most of the asbestos found in Libby’s vermiculite is composed of Winchite and Richterite asbestos, which is not regulated by the federal government.

The defense argued that those two forms of asbestos were not regulated in 1999 when Miller visited the town.

Dr. Miller responded by saying “As far as I’m concerned this is all asbestos.”

Over a thousand Libby residents – including family members of former miners – have developed asbestos-related diseases such as asbestosis and pleural mesothelioma cancer. Dr. Miller previously told the courtroom that he continues to diagnose asbestos disease in Libby residents at a rate of approximately one new case per week.

Source:

The Missoulian

1. 

   CHKEBlessingway says:

   July 25, 2010 at 12:28 am

   Dr. Millers statements are all true, as my family and thousands have been infected from the Asbestos mined by W.R. Grace. Over 400 persons have died to date and more will continue to die, there is no cure for Asbestos..

   Well of course the Defense is going to releave a Key Witness to the Truth..for more truths come visit my truths, at twitter at CHKEBlessingway..my whole family and thousands are dying to prove the truth..why can not the Courts see the truth..even a drunk driver can get charged with manslauter if they kill some one driving drunk..so why is there not Justice for over 400 dead and Thousands to follow in death??
   There is no “Insane Plea” to be found..and how can they get away with out Full Restitution for the people and clean up..this is even overwhelming our government today with the costs.. and now WR Grace wants “out of the Bankruptcy so they can get on with LIFE”, WELL I SAY TO THAT..WHEN YOU PAY FOR ALL THE LIVES YOU HAVE TAKEN AND KILLED, THEN YOU CAN HOLD YOU HEAD UP AGAIN AND GET ON WITH L I F E..as you have totally destroyed thousands of families, who now have NO HOPE FOR LIFE OR A FUTURE..eye for an eye. SHAME SHAME SHAME WE WANT OUR JUSTICE, DO NOT LET US DIE IN VAIN..