June 26, 2023
The Honorable Jon Tester
311 Hart Senate Office Building
Washington, DC 20510
Dear Senator Tester,
I am writing to you on behalf of the Asbestos Disease Awareness Organization (ADAO) to urgently request your assistance in the BNSF (Burlington Northern Santa Fe) v CARD (Center for Asbestos Related Disease) case #19-40.
We kindly ask that you urge Mr. Jesse Laslovich, US Attorney for Montana, to intervene in this lawsuit and request the court to dismiss it, based on the United States Supreme Court decision in United States, ex rel. Polansky v. Executive Health Resources, Inc., which affirms the Department of Justice’s authority to move for dismissal of whistleblower actions.
The Center for Asbestos Related Disease (CARD) in Libby, Montana plays a crucial role in providing necessary medical care to individuals suffering from diseases caused by exposure to Libby Amphibole Asbestos.
In 2019, BNSF filed a lawsuit against CARD, alleging Medicare fraud. However, it is important to note that the Office of the Inspector General for the Department of Health and Human Services thoroughly investigated these claims and decided not to pursue any charges against CARD.
This legal action taken by BNSF is deeply disappointing, particularly given the prior ruling by the Asbestos Claims Court, which was subsequently affirmed by the Montana Supreme Court, holding BNSF strictly liable for the harm caused to individuals affected by asbestos exposure in the Libby area.
Senator Tester, we implore you to take decisive action on behalf of the good people of Libby and the state of Montana to put an end to this misuse of litigation. Upholding justice and protecting the rights of those who have suffered from asbestos-related diseases are of utmost importance.
Thank you for your attention to this matter. We trust in your dedication to the well-being and justice for the people of Montana.
Sincerely,
Linda Reinstein
President and Cofounder, Asbestos Disease Awareness Organization (ADAO)