Asbestos In Your Area

Asbestos in the State of North Dakota

Asbestos Exposure in North Dakota

North Dakota incurred fewer fatalities due to asbestos exposure than any other state for the twenty year span of 1980- 2000. And, since North Dakota has consistently depended upon farming and other agriculture processes as its primary industries, asbestos-related diseases in the state have been much less frequent as in other states. Asbestos, utilized in commercial manufacturing and construction areas, is prevalent in states that rely on those industries-but its utilization in North Dakota has been confined to only a few locales: power plants and a BP Amoco oil refinery pose hazardous conditions. North Dakota inhabitants were also placed at risk from the W.R. Grace and Company mines in Libby, Montana, whose contaminants from its naturally occurring asbestos ores drifted into the bordering state's airstreams.

At-Risk Occupations and Locations in North Dakota

The areas of North Dakota responsible for exposing individuals to carcinogenic asbestos were predominantly around the power plants of Beulah's Coyote Station, Stanton's Powerhouse, and United Power. That is because asbestos was heavily employed in power plants to coat mechanisms as a measure of heat and fire protection. Furthermore, asbestos materials were used as insulation around turbines, boilers, generators, and in gaskets for valves, pumps and pipe fittings-items found in great abundance in power plants.

The Mandan locality of BP Amoco was affected by asbestos as well. As with many oil refineries, BP had a need for insulation in its operations, since heat and chemicals involved with turning crude oil into gasoline increased its volatility. Another major source of asbestos did not even originate in the state, but was shipped from mines in Libby, Montana. Nearly 26,000 tons of vermiculite was processed by North Dakota residents over the course of 300 shipments during the course of 45 years between 1948 and 1993. Robinson Insulation Company, at 826 Fourth Avenue NE in Minot, North Dakota, processed a great deal of the Libby vermiculite contaminated with asbestos. In the process of producing attic insulation from this ore and other vermiculite products, thousands were placed at risk. This was because the asbestos fibers stuck to workers' clothing, hair and skin. These fibers were then carried into the community's homes, churches, schools and businesses. (Further studies showed that residents of Libby had a 30% increase of antinuclear antibodies in their bloodstream and higher immunoglobin A, two signs that people's immune systems were beginning to face damage-and a 75% chance of significant lung problems. Obviously, the air around Libby was densely polluted with asbestos.) Over a 10 month period ending in 2002, the Environmental Protection Agency found residual asbestos in this part of North Dakota; it demolished buildings, and replaced land with clean fill. It is clear that employees were exposed to dangerous levels of asbestos, and it has been recommended that they and their families consult with medical professionals to evaluate their condition.

Asbestos-related Deaths in North Dakota

With an annual number of cases at less than 5, North Dakota has the lowest incident of asbestos related diseases than any other state. Out of its 100 or so victims, the reports of asbestosis numbered approximately 30, and diagnosed mesothelioma numbered over 60. Sadly, the prognosis for the mesothelioma patients was not as encouraging as that for the asbestosis patients. Therefore, North Dakota's crude mortality rank is 43 in the country, but its rank for the amount of mesothelioma places it at 50.

Legal Resources for North Dakota Residents

The North Dakota Federal District Court has just one recent personal injury liability lawsuit involving asbestos: Bumgarner v. Bowman Sales & Service. But, there have been a couple of previous cases that were significant. Anderson v. A.P.I. Company of Minnesota awarded asbestosis victim Richard C. Anderson $85,000 from Owens-Corning Fiberglas Corporation in 1991. (The plaintiff had worked with boilers at the Minot Air Force Base from 1959 and 1985, and handled asbestos products manufactured by Owens-Corning.) But the company appealed. It was found that the jury's $25,000 percentage for financial damages did not have evidence with which to support that portion of the award, so the total was reduced. Another past case, in 1999, was before the Supreme Court of North Dakota, in which a woman sued for her husband's death. In Black v. Abex Corp., Rochelle Black claimed that Markus Black died from lung cancer due to handling asbestos products manufactured by 48 different defendants. Mr. Black was employed as an auto mechanic for 15 years by the Air Force from 1971 to 1986. However, the case was dismissed on the grounds that alternative liability did not apply in the manner in which Mrs. Black filed her suit.

North Dakota's statute of limitations is normally two years for personal injury lawsuits, beginning when the problem is discovered or should have been discovered. But, it's three years for asbestos cases. The same statute of limitations is in effect for wrongful death cases, beginning with the date of death.

The American Lung Association of North Dakota may offer helpful information to individuals who would like to learn more about lung problems: http://www.lungnd.org/

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