Lawsuit: TCE in home caused Ontario family’s chronic illnesses (Can)

This is hardly breaking news, but we’re still catching up on things we missed. Since receiving this press release, we have also obtained a copy of the complaint or, as it’s known in Canada, the statement of claim. The facts are just enraging (e.g. TCE levels in the air inside the Vitez’s home were discovered above 200 ug/m3). We’re still deciding how to make these available on the blog since they are lengthy. In the meantime, if you’d like a digital copy, feel free to contact us.

For now, here’s the official press release:

Toxic air and contaminated groundwater blamed for chronic illnesses in multi-million dollar lawsuit

FOR IMMEDIATE RELEASE – MARCH 14, 2008

CAMBRIDGE, ON – Northstar Aerospace, GE Canada and Rozell Inc., are amongst the Cambridge-based businesses named in a multi-million dollar environmental lawsuit. Spearheaded by Denis and Deborah Vitez, the suit points to these businesses as being responsible for groundwater contamination and toxic air in local residents’ homes, and in the case of the Vitez family, resulting in chronic breathing problems, Parkinson’s Syndrome and neurological damages which have escalated over the past five years. The suit claims that the companies were aware that toxic levels of the human carcinogens Trichloroethylene (TCE) and Chromium were seeping into the groundwater in the vicinity of their Bishop Street plants.

The Vitez family is seeking punitive and general damages, citing negligence, failure to disclose information, misconduct, and failure to comply with the Environmental Protection Act, among other claims against the defendants. TCE, a solvent used for degreasing metal parts, is considered a toxic substance and probable human carcinogen under the Canadian Environmental Protection Act. Chromium is also classified by health organizations as a human carcinogen. Due to the companies’ failure to properly handle, store and dispose of the substances, the Vitez family has suffered through years of discomfort and pain, culminating in the diagnoses of asthma and severe sinus infection in Mrs. Vitez, and symptoms indicating Multiple Sclerosis and Parkinsonism – a group of nervous disorders with symptoms similar to Parkinson’s disease – in the case of Mr. Vitez.

Paul Mann, Counsel for the Vitez family, and one of Canada’s top litigators in health-related matters, explains, “These companies knew they were contaminating the water and air with toxic chemicals, failed to warn homeowners that levels were in excess of Ministry of Environment (MOE) standards, and failed to prevent further release of the chemicals after they first learned of the leakage and discharge. Denis and Deborah Vitez may never get their health back as a result and it is time for justice to be served.”

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Denis and Deborah Vitez married in November 2003, and she moved into the house that the widower had shared with his first wife Donna since 2000. Donna had often complained about a strange odour in their house before she died in 2002 from brain cancer that had mysteriously resurfaced after three years in remission. Additionally in late 2003, Northstar Aerospace conducted tests on their Bishop Street property and concluded it was contaminated with TCE and Chromium at levels that exceeded MOE standards (a reading of over 230). Testing was expanded to include a wider area, but it took the company over a year to publicly state that the property was severely contaminated, that TCE had migrated through the groundwater and that TCE vapours had seeped into some of the buildings and properties in the area.

The company promised to take measures to resolve contamination issues in affected homes, including gutting and resealing basements, and removing toxic vapours through the installation of Heppa filters and air exchangers. Work at the Vitez residence commenced in December 2005 with a promise of completion within two months. Just days into the process, the Vitez family was forced to vacate for 11 days due to a noxious odour. Then, in early 2006 their recently resealed basement was torn up for plumbing modifications by Northstar’s contractors. During the three weeks of this construction, the Vitezes remained in their house, assured by company PR representatives that the toxicity levels were nothing to worry about. However, no air quality tests were conducted during this time period. Work was still underway well into May 2006.

Denis Vitez’s first tremors appeared in late autumn 2005. He was also waking nightly for months due to tingling and pain in his extremities. Deborah Vitez subsequently began having breathing problems and embarked upon an exhausting and frustrating course of treatment for what would be diagnosed as severe asthma, throat and sinus infections. For the next two years both would see various doctors and specialists, including a neurologist for Denis, who ordered numerous tests, blood work and brain scans. The ultimate diagnosis was Parkinsonism, with additional symptoms of Multiple Sclerosis.

“We were devastated by this news,” says Denis. “We were both feeling unwell and dealing with so much stress. Then in August 2006, Northstar began digging on our property without our consent. Two weeks later, we learned the contamination under our home was dangerously high. We moved out immediately on our own expense, and haven’t returned since. It’s too much of a risk. We want the responsible parties to own up to their negligence and irresponsibility.”

Paul Mann is a sole practitioner who operates his practice in the City of Cambridge, Ontario. He has been litigating complex medical malpractice issues, for plaintiffs only, for approximately 30 years. Mr. Mann has won the Bruce Hillyer Award for litigation and the advancement of justice on two separate occasions. He was also honoured by the Ontario Trial Lawyers Association with the “Celebration of the Personal Injury Bar” award as a leader in his profession for the year 2007. Ron Culley, co-council on this case, has extensive experience with health-related matters as a trial lawyer and practises in Waterloo, Ontario.

For further information or to arrange an interview with Paul Mann, Denis or Deborah Vitez, contact: Sandra Perron or Pat Hayward at 519-623-0700.

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Update: Since many folks have arrived here looking for it, you can now download the Statement of Claim here .

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