MISSOULA, Mont. —

A federal jury ruled Wednesday that a health clinic in a Montana town where hundreds of people have died from asbestos exposure submitted 337 false asbestos claims that made patients eligible for Medicare and other benefits they shouldn't have received.

The seven-person jury said that the fraudulent claims caused more than $1 million in damage to the government.

The case focused on the Center for Asbestos Related Disease in Libby, Montana. BNSF Railway filed a lawsuit against the clinic under the federal False Claims Act in 2019.

The railroad company owned by billionaire Warren Buffett is also a defendant in numerous lawsuits over its own role in the town's contamination. In 2020, Montana's Supreme Court found BNSF liable for shipping asbestos-tainted vermiculite from a nearby mine through Libby.

The clinic and its high-profile doctor, Brad Black, have been at the forefront of efforts to help residents of the town, which came to national prominence when it was declared a deadly Superfund site two decades ago.

The jury's finding leaves the clinic subject to additional penalties. Under the False Claims Act, the railway could be eligible for 15% to 25% of any amount recovered by the government.

CARD and its attorneys had denied it made false medical claims on behalf of patients, arguing its diagnoses were in line with requirements of the 2010 Affordable Care Act, which included special provisions for the Libby victims.

"CARD was doing exactly what the law said," clinic attorney Tim Bechtold said earlier Wednesday during closing arguments that followed 11 days of testimony.

BNSF's lawsuit alleged CARD submitted more than 300 false claims on behalf of patients without getting outside confirmation that they had asbestos-related disease. The company also said 1,369 people received federal benefits with no disease diagnosis.

Dr. Black and the CARD clinic have certified more than 3,400 people with asbestos-related diseases, according to court documents.

Asbestos-related diseases can range from a thickening of a person's lung cavity, hampering breathing, to deadly cancer. Under the 2009 federal health law, victims of asbestos exposure in the Libby area are eligible for taxpayer-funded services including Medicare, housekeeping, travel to medical appointments and disability benefits for those who can't work.

Dr. Black is a pediatrician by specialty and has served as the Lincoln County Health Officer. He has previously said the ailments caused by the type of asbestos found in Libby are difficult to detect and can be missed by outside radiologists.

BNSF attorney Adam Duerk criticized Black's stated ability to perceive early signs of asbestosis disease that others missed.

"That's not the practice of medicine, that's the practice of roulette," Duerk said. "When you see it, when you're certain it's there, that's when you diagnose, not before."

Former Democratic U.S. Sen. Max Baucus, of Montana, helped craft the Libby provision in the health law. He said in depositions with attorneys that the clinic's practice of declaring some patients eligible for benefits without confirmation of their condition from a secondary source such as an X-ray was legitimate.

However, U.S. District Judge Dana Christensen barred Baucus's statements from the trial, saying it was the court's role to decide whether the law was followed.

At least 400 people have been killed by asbestos-related disease in the Libby area, according to health officials. Because of the long latency period for those diseases, symptoms can take decades to develop.

The tainted vermiculite came from a mine owned by the Maryland-based chemical company W.R. Grace. It polluted the Libby area over decades, including at a BNSF railway yard in the heart of the town of about 3,000 people.

Cleanup work began in 2000 after media reports of widespread health problems spurred a federal investigation. The EPA years later declared the agency's first public health emergency in the town. More than $600 million was spent to remove vermiculite from thousands of properties in Libby and surrounding communities.

Scientists say exposure to even a minuscule amount of asbestos can cause lung problems.

The case was sealed under court order for two years until the U.S. attorney's office of Montana declined to intervene. Officials have not given a reason.

Asbestos-tainted vermiculite was used as construction material in Libby and it remains inside many houses, where it was used as insulation. It was also shipped across the country by BNSF and installed in millions of homes.

Lawsuits against companies and officials over the contamination in Libby have resulted in large settlements and awards for victims.

More than 2,000 Montana residents reached settlements with the state totaling $68 million for failing to warn them about the dangers of asbestos exposure. In February 2022, a jury awarded an Oregon man $36.5 million in a lawsuit against W.R. Grace's insurer.

Montana police said Tuesday morning that investigators believe a disturbance occurred inside a vehicle prior to it crashing in the city of Billings.

Lt. Brandon Wooley said officers were dispatched at 3:11 a.m. local time to a vehicle crash in the 300 block of South 27th Street. When officers arrived they said they found two men inside a vehicle unresponsive and not breathing. The men, both estimated to be in their 20s, had suffered apparent gunshot wounds and died at the scene, Wooley said.

Their names have not yet been released. A third person inside the vehicle was taken by ambulance to a medical facility. He was identified as a 22-year-old man from Billings, but his name was not released.

Casey Conlon/MTN News

____________________________________________________________________________________

"Initial information indicates that a disturbance occurred in the vehicle prior to crashing into a tree on the side of the road," Wooley said in a statement. "Detectives with the Investigations Divisions are on-scene investigating. At this time, the BPD is not looking for any other persons involved. There have been no arrests."

Raw Video: Billings Shooting Crime Scene

Earlier a vehicle crash was reported on South 37th Street in Billings, which quickly became a murder investigation as first responders discovered the two bodies in the car, each with bullet wounds.

When police were called out they found the two men shot dead, and a third with severe trauma to his neck and he was taken to a hospital.

This story was originally published by Zack Schellin of KTVQ.

For millions of parents in the U.S., getting a COVID-19 vaccine for their kids is as simple as a few clicks, filling out some forms, and driving to a nearby clinic. But, for those in more rural parts of the country, access to vaccines can be a bit more of a struggle     

"We were so hopeful even back this summer when we first started hearing about, like, how soon it might be approved for children," said Annie Edwards, a mother in rural Montana.

She's hopeful because she knows what it's like to have a sick kid. Her daughter Hannah was born at 27 weeks, weighing one pound. But, for the 57 million people like Edwards who live in rural America, vaccine approval means nothing if they can't find a shot.  She drove to Billings, Montana, in December, which is a 500-mile round trip car ride to get her daughter the first dose.    

"Why are we having to drive this far? Why is it this hard?" asked Edwards.

An hour before the second appointment, the store canceled because it ran out of vaccine doses.   

"In rural areas, where people are spread out, there's much less opportunity for kids," said Dr. Jennifer Kates, senior vice president of the Kaiser Family Foundation. 

Edwards echoed her frustration saying, "You know, we live in the United States of America, where we have the most access," she said. "This shouldn't be difficult."    

Right now, Pfizer's vaccine is the only one approved for children. It's a smaller dose. Current minimum shipments come in a 10-vial pack, with 10 doses per vial. The company said that's to "better suit the needs of pediatric clinics." They can be stored for up to 10 weeks in refrigerators.

   

"Once you open the package, you have to use those within 12 hours. And if a provider wants to vaccinate one kid, they have to vaccinate 10 kids to not waste any, so that's a big challenge that we've seen with smaller providers and doctors' offices. They have to figure out, should I even do this," Kates said. 

Edwards' pediatrician told her she's not vaccinating kids against COVID-19. A Kaiser Family Foundation poll found more than one-third of rural parents said their health care providers are not even recommending the vaccine for kids.

 

"If a pediatrician isn't encouraging it, that could really be a deterrent for a parent," Kates said. "And it could be the situation where the pediatrician themselves doesn't have the vaccine."

Punching many rural zip codes into vaccines.gov will lead you to a page showing no pediatric shots within 25 miles, with some availability 50 to 100 miles away.      

"If you're a parent who's on the fence, you know, what's going to tip you if you then have to say, well, I'm going to drive 250 miles to do this thing that I'm a little bit wary of. Or even if you're an eager parent, if you don't have a car, if you can't take time off from work, what are you to do," said Kates.  

"There are some places that have put in operation mobile clinics to try to reach kids in those outposts. But, that's sort of the exception, not the rule. It's incredibly difficult. And, of course, when they're the only person who's asking for it in their community, they don't have support. And that makes it even more difficult," Kates said. 

It's a story pediatrician Kathy Rogers is familiar with. She came out of retirement to help administer vaccines.

"I can't sit this one out. This is too important," Rogers said. 

Some of the children at her clinic have traveled up to four hours round trip, twice.

    

"It breaks my heart and I would like to go door-to-door and just offer it to people, and if they don't want it, fine," said Rogers. 

"We have work that lies ahead for rural America, and in general for the country, but really in rural areas," Kates said.  

Montana data shows no kids between 5 and 11 in McCone County are fully vaccinated, with many other counties at 5% or less. Stats show similar rates in parts of rural Idaho, with numbers as low as 1% in places. And it's the same story in parts of Wyoming.    

"I don't understand how we're failing to get it dispersed in rural America," Edwards said. "Because that might be part of it. If I had access, if I could tell my neighbor, yeah, go down. You can get an appointment today, or you can get an appointment when you take your child to their well check or when you're getting their ears checked." 

Multiple doctors say removing barriers likely means an unwanted side effect, like waste.

   

"You can try as hard as you can not to waste vaccine. But if I can give one vaccine to one person, even if I have to waste the whole other dose, I'm going to do that. Because like with Omicron, the infectivity of it is just like measles. It's so high that I protected more people by doing one vaccine than doing none just because I want to save the vial," Rogers said. 

In addition to access, there's statistically more vaccine hesitancy in rural America, driving down demand. A Kaiser Family Foundation study found almost half of rural parents say they definitely will not get their 5- to 11-year-old vaccinated, compared to 22% of urban parents. But, if interest is low, Rogers said counties can and should work together to share doses, to reach as many as possible as Omicron keeps its grip on the country.     

"If you don't get out there and do this for people, what does that say? We've got to take care of each other. And I take care of my family, but my community is my family. It's too important to know those health care workers all feel that way. And that's why some of them are quitting because they feel this so intimately," Rogers said.   

Kates said some states, like Maine and Vermont, have gotten the vaccination effort right from the start, and there's more that can be done elsewhere.    

"From a broader perspective, states and certainly the federal government, can look at how they can pre-position vaccines for remote areas. So, finding the right pharmacy sites, doing mobile clinics to go to people, setting up actual vaccine clinics periodically, where you're really advertising and pushing out that information to communities, it still means that not everyone's going to be easily reached, but you have to make those opportunities more frequent, and visible and easy for parents," Kates said. 

Edwards hopes to get her daughter's second vaccine dose at a neighboring county's clinic soon.  

"It's a drive, it's not close," she said. It will mean about 200 miles round trip for her, and she along with others don't think it should be this hard.

This story was originally published by Maritsa Georgiou on Newsy.

MISSOULA, Mont. — For generations, hunters have used lead ammo, but a new group is trying to spread the word about lead-free ammo to help protect the environment and wildlife from lead poisoning.

Sporting Lead-Free, a Wyoming hunting group, wants to prove the value of switching ammo and tackle to local sportsmen and women. The group hopes to reduce lead consumed inadvertently by people and wildlife and show the positives of choosing tackle and ammo that doesn’t poison the environment.

“The more I’m out interacting with the animals in their habitat and appreciating that I have the opportunity, the more I care about the animals,” said Kai Whitehill, a hunter who uses lead-free ammo. “The more I understand the animals, the more I want to protect the habitat, and the more I‘m willing to give of my time and energy and resources to make sure that habitat is always there. There’s an after effect where any lead still at the kill site is basically going to be consumed from other animals that come by.”

According to studies and demonstrations by the Sporting Lead-Free, lead ammo can fragment into hundreds of pieces when it hits a target, which could lead to lead in meat.

It also causes scavenging birds to consume gut piles, leading to lead poisoning.

According to the American Bird Conservancy, an estimated 10 to 20 million birds and other animals die each year from lead poisoning.

“People don’t realize when that lead bullet hits that animal, it fragments into several hundred pieces,” said Hannah Leonard with Sporting Lead-Free. “Depending on the bullet some fragment less some fragment a lot more. The fragments might be the size of a tip of a pen. There’s about 160 fragments in a gut pile and for an eagle, it only takes that tiny amount to kill it so it’s mind boggling.”

Leanard travels to different states to demonstrate the difference between the use of lead and copper ammo.

Some of their programs include X-raying packaged meat to help get the lead out of wild game meals and demonstrating the advantages of new, non-lead ammunition.

According to Brian Bedrosian, the director and co-founder of the group, the group has X-rayed about 1,200 packages of wild game meat and found lead fragments in about 15% of the ground meat packages.

“It’s pretty much impossible to keep lead fragments out of meat of harvested animals,” Bedrosian said. “But it’s very deadly to scavenging birds that consume gut piles. As for humans, if exposure is low the metal rarely causes severe issues. However, it’s better to have fragment free meat in general for your family.”

The group feels it’s a better approach to educate outdoor enthusiasts than seeking legislation outlawing the use of lead ammo.

“We are 100% behind a voluntary educational approach,” Bedrosian said. “We have no interest in going down any kind of regulatory or legislative route.”

MISSOULA — Following the death of Gabby Petito, people nationwide are calling for more media coverage on other missing people.

Here in Montana, Native Americans are four times more likely to go missing, according to the state Missing and Murdered Indigenous People's database.

Kimberly Loring, whose sister Ashley Loring HeavyRunner is missing, was a key in creating that database and coordinating law enforcement resources.

MTN

MTN News had the chance to talk with her as a new podcast aimed to spotlight her missing sister's case.

Ashley Loring Heavyrunner disappeared from Browning in 2017 when she was 20 years old.

“We need to come together; our missing is important. They are not just a picture on a flyer. They are sisters or brothers. They are meant to be home with us,” Kimberly Loring said.

MTN News

Her sister has not stopped looking for answers. “Ashley’s case was mishandled during the most crucial time, and we need to bring more attention to this."

Kimberly says it took effort from the family to get Ashley’s story in the news. "It took Ashley a very long time to be be seen by the media."

She says it was also challenging to work with law enforcement, "they were able to hinder Ashley’s case.”

MTN

So, the family conducted their searches.

“It was very traumatic. I was very numb at the time. We were searching in the forest, and I was yelling her name, expecting her to be like, ‘I’m right here,” Kimberly recalled.

That was four years ago, "it was very, extremely hard. It was tough,” Kimberly told MTN News.

MTN News

Kimberly says she took to social media.

“It wasn’t until I got on Facebook and started posting and making sure everyone around in the town -- and people that I know, know. And people that care and love for her knew, and they were able to share that.”

Ashley’s whereabouts are still unknown, and as the search continues, the family is still looking for answers. But now, a new form of media is sharing Ashley’s story -- to anyone that will listen.

"Up & Vanished" podcast focuses on Ashley Loring Heavyrunner

“I hope at the end of the day, there is more coverage of her story,” said podcast host Payne Lindsey.

Kimberly believes something happened to Ashley, and she wants to know what.

“If we keep bringing more attention to Ashley’s case, then we will find answers.”

MTN News

Lindsey, the narrator for hit podcast Up and Vanished, agrees.

“I hope that the podcast keeps her story in the spotlight and encourages other people to talk about it," Lindsey told MTN News.

Up and Vanished has covered cold cases across the country, and the current season focuses on Ashley.

MTN News

Lindsey says he wants to solve Ashley’s case and draw attention to the thousands of other Missing and Murdered Indigenous Women (MMIW) in America.

National attention has been brought to Ashley’s story in recent years, and Kimberly says after all this time, she hopes to gain some closure eventually.

The investigation into Ashley's disappearance is ongoing, and the FBI is urging anyone with information to contact the Salt Lake City FBI office at (801) 579-1400 or 1-800-CALL-FBI. You can also submit tips in the case online here.

Katie Miller at KPAX first reported this story.

JOPLIN, Mont. — Three people have died and numerous injuries have been reported after an Amtrak train derailed along Montana's Hi-Line in Liberty County on Saturday.

Several dead, numerous injuries reported in Amtrak train derailment along Hi-Line

It happened about three miles west of the town of Joplin.

CBS News and The Associated Press report that there are at least three confirmed fatalities, according to the Liberty County Sheriff's Office.

The train consisted of two locomotives and 10 cars, with seven of the cars derailing. There is no word yet on what caused the derailment

Amtrak confirmed the derailment near Joplin and released the following statement:

Pictures shared on social media show at least one car completely on its side and several other cars upright or tipped but off the tracks.

A witness described helping passengers exit the derailed cars. Jeremiah Johnson told KRTV that ladders were being used to free people and some had to be cut free.

"We had to lift a few people out with lots of volunteers and then cut some out. There was one lady in the back whose legs were trapped and was unable to be removed without using a saw (to cut away seats)," Johnson said.

Johnson described seeing shoulder, head, and neck injuries. He added that his wife assisted with helping passengers as they got off the train.

"Right now, she's helping out on-site and then was kind of checking people's vitals as they were coming. I brought her to the hospital. They had plenty of help up there so we went to the high school and she started helping get down people's injuries, names, and documenting any medication they may be taking."

MTN

Johnson estimated there were dozens of people at the high school.

Amtrak also included the following information in its news release:

The National Transportation Safety Board is sending 14 investigators to the site, according to CBS News.

The Amtrak passenger line that runs along the Montana Hi-Line is known as the Empire Builder. It runs between Chicago and Seattle/Portland.

This story was originally published by staff at KRTV.

Three people are dead after an Amtrak train derailed in Montana on Saturday afternoon, the Liberty County Sheriff's office said in a statement to CNN.

Authorities would not speak on the number of injured or the extent of their injuries.A statement from the railway said five cars from Amtrak's Empire Builder train 7/27 derailed near Joplin, Montana, injuring an undisclosed number of passengers.

The incident occurred around 4 p.m. local time, the statement said. At the time, there were about 147 passengers and 13 crew members on board.

"Amtrak is working with the local authorities to transport injured passengers, and safely evacuate all other passengers," the statement added. "Additional details will be provided as available."

The Empire Builder travels between Chicago-St.Paul/Minneapolis-Spokane-Portland/Seattle, according to Amtrak's website, and offers passengers a chance to "experience the rugged splendor of the American West.

"Traveling between Chicago and the Pacific Northwest along major portions of the Lewis and Clark Trail, the mighty Empire Builder takes you on an exciting adventure through majestic wilderness, following in the footsteps of early pioneers," the website adds.

CINCINNATI —

It happened in a flash.

A 10-year-old boy is in critical condition after he ran out into the path of an oncoming car and was struck in Westwood Tuesday afternoon.

It happened around 2:30 p.m. in the 3200 block of Montana Avenue outside of a crosswalk.

He ran right into the path of a white Chrysler 200.

"The car saw him at the last minute and tried to stop real fast," the woman said.

She said she called 911 as the boy's brother carried him out of the street.

Investigators said the boy was taken to Cincinnati Children's Hospital with life-threatening injuries. He is currently listed in critical but stable condition.

Neighbors are hoping for the best.

Some were nearby as the boy ran into the path of a car outside of a crosswalk. They said there was nothing they could do.

"I was crying, screaming Jesus name. His mom was crying," a woman who did not want to be identified said.

That woman did not want to share her name or show her face in an interview, but the pain of the situation could be heard in her voice as she recounted a horrific crash steps from her porch.

"Quick as you can blink your eye, it happened fast. I had close my eyes because I knew he wasn't making it across that street, you know, I saw it and I just did like this and I heard it, 'boom' and then I opened my eyes and he was laying on the ground," she said.

The driver was visibly upset and police said he cooperated completely. Cincinnati police said he was wearing his seatbelt at the time of the crash and wasn't injured.

Excessive speed and impairment do not appear to be factors in the crash.

Neighbors said the area is packed with cars and kids.

"It's a rarity that kids run out in the street, but it's always busy. It's constantly with kids," neighbor Holly Kenerly said.

They said this scene is a reminder of the danger anytime anyone steps off of one of these curbs.

"Just be mindful. Be mindful of your surroundings. Kids, adults, drivers," Kenerly said.

We were unable to talk with any of the boy's family about how he is doing.

Neighbors said they are praying for all involved.

Anyone who witnessed the crash is asked to call the Cincinnati Police Department's Traffic Unit at 513-352-2514.

A Montana reporter got an unexpected lesson in social distancing – from bison.

KTVM reporter Deion Broxton was getting ready for a live report from Yellowstone National Park when he noticed some bison approaching him and his vehicle.

“Oh my God, oh my God. Oh no, I’m not messing with you,” Broxton can be heard saying in a video. "Oh no. Oh no. Oh no, I'm not messing with you."

Here's the video of the bison I shot once I got a safe distance away lol

pic.twitter.com/uL3XiR2ISR

— Deion Broxton KTVM (@DeionNBCMT)

March 26, 2020

When the animals got too close for comfort, Broxton made the executive decision to bail and stashed his camera in his car.

Once at a safer distance, Broxton shot video of the bison and you can see why he was so intimidated. They were large.

The video of Broxton’s hilarious reaction has now become a meme, used when people are not happy with a situation.

When Yellowstone park officials caught wind of the video, they

praised the reporter

for offering “a perfect example of what to do when approached by wildlife!”

The National Park Service even

offered a handy graphic

to remind people to practice social distancing with wild animals.

“Social distancing means avoiding large gatherings and maintaining distance (6 ft) from others. While we're at it, remember to keep it at least 300 ft for larger wildlife,” NPS wrote.

Bison have been known to charge people, even when not provoked, but attacks by the animals aren’t exactly common. Yellowstone officials say they typically see one or two each year.

For now, Yellowstone is closed to visitors until further notice because of the coronavirus pandemic.