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From The McDowell News (NC) approximately one month ago:
For over a year now, McDowell County’s Omar McCourry has been digging into the history of Old Fort industry and of environmental protection in the community.
Spurred by the tragic death of his brother, Curtis, to brain cancer in 2004, he learned that his brother’s illness was not unique in Old Fort, despite the condition’s relative rarity among the greater population.
Word of mouth led him to suspect that an alarming number of folks in Old Fort had succumbed to the same illness. He has been lobbying public health officials to investigate ever since.
[...]
In 1989, more than 100 barrels of industrial waste were located buried on the site of the former Old Fort Finishing. These were excavated and found to contain dozens of chemicals as well as metals including lead, mercury, arsenic. EPA documents McCourry obtained said that 70 of the barrels had been crushed or decayed when they were unearthed.
The article notes that residential well water samples have detected TCE and PCE at levels exceeding federal safety thresholds for at least 20 years. The article fails to mention that scientists and health agencies worldwide have long-since established that TCE and PCE are neurotoxic and cause cancer.
Not only do local health officials appear typically disinterested, but a local Senator has decided to participate in what feels like an ongoing, nationwide charade:
As McCourry had been told when he brought his findings to the attention of state authorities, in any given population group, if they live long enough, a great number of them would be diagnosed with cancer. It is very difficult, they said, to identify a “cluster” of cancer cases that might indicate a pattern, or implicate an environmental toxin.
Senator Joe Sam Queen echoed that theme in his comments to The McDowell News.
“Cancer is a condition that touches every family eventually,” he said. “We are all interested in a situation that may involve or jeopardize the health of children.
Translation: People die, suck it up.
The Senator’s comment is one that we hear frequently, and it remains a transparent excuse for inaction. The Senator and local/state health officials should give this matter the attention it deserves rather than idly hiding behind their stuff happens party line.
Edit: Thanks to Jill for the tip.
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.”
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.
Update: Since many folks have arrived here looking for it, you can now download the Statement of Claim here .
The ATSDR has delivered yet another report concluding that a contamination site poses “no apparent public health risk.” Just toss it in the pile. Feel free to roll your eyes. (For those who don’t know, ATSDR is notorious for producing these reports)
There is “no apparent public health risk” at the North Brunswick Township High School and its surrounding areas associated with the soil contamination found in 2003, according to a preliminary public health assessment.
Last Thursday, township officials and representatives from the New Jersey State Department of Health and Senior Services and the U.S. Agency for Toxic Substances and Disease Registry held a meeting to discuss the remediation project that resulted from the expansion of the high school in 2003. The primary concern for the school, Veterans Park, Judd Elementary School, a PSE&G easement and six nearby residences was arsenic in surface soil, lead in settled dust and tetrachloroethylene (TCE) [sic] in groundwater.
In July 2003, waste material consisting of pharmaceutical and laboratory wastes, glass vials, bottles and an unidentified dark brown material were uncovered near and within the Oval area of the high school, which is where the current auditorium sits. It is believed that the site was used as a municipal dump between the 1940s and 1960s. Approximately 9,200 cubic yards of waste materials and soil were excavated and removed, according to the report.
Since that time, officials said 54 soil samples and 18 interior surface samples were taken from the high school, and 10 interior surface samples were collected from Judd, with follow-up tests conducted. The high school perimeter and football field, as well as the neighboring park and residences at block 143, lots 94.01 and 95.01 were also examined.
Although remediation is still needed at Veterans Park and efforts will continue to oversee and limit any possible groundwater and vapor contamination, the report states that there are no cancer or noncancer health risks associated with the project.
We note that the story seems to confuse TCE and PCE. It is not clear which of these is the contaminant of concern referenced above. No matter which it is, residents were reportedly suspicious of the report’s findings:
One parent claimed his son “lived in the dirt” for 18 years as an athlete and developed a brain tumor, although he is not positive there is a correlation. A student noted that the epidemiology report is only calculated through 2001, but statistics may have changed through 2008. Another person mentioned that the cancer rates should be evaluated specific to the area surrounding the high school and not broadened out to the general population, since any health effects will involve North Brunswick.
Also, residents are concerned that there could have been inhalation of chemicals since the investigation and remediation phase began, and that sites that have not been remediated, such as the high school perimeter, the overused football field and Judd school, could have contaminants in the soil that become disturbed and loosened as time goes on. One parent is concerned that no additional testing was done at Judd before the current expansion and renovation project began.
Read the full story in the North Brunswick Sentinel (NJ).
Update: Strangely, the report above fails to mention that ATSDR conducted a separate public health assessment re: exposure to Arsenic and TCE at 3 nearby residences in 2005 (yeah, we confirmed the contaminant is TCE and not PCE). They reported TCE contamination in groundwater at levels up to 140 ppb, TCE in indoor air in homes at levels of 12μg/m3, and arsenic dust that coated indoor air surfaces. They concluded that past exposure posed a public health hazard and, at the time, ongoing exposure posed an indeterminate public health hazard.
We suspect we’re going to be hearing more on this story. As always, we’ll try to keep you psted.
The Northwest Herald (IL) has created an outstanding multimedia presentation that tells the story of the McCullom Lake cancer lawsuits. And boy, what a way to tell the story!
They include video interviews with plaintiffs and with attorneys for both sides, map of the contamination area, documents associated with the lawsuit (including an important expert report from Redpath’s Dr. Sidney Finkelstein that we will highlight at another time) and more.
For those interested in McCullom Lake, the causal connection between brain cancers and TCE/vinyl chloride/chlorinated solvent exposure, and legal actions for personal injuries caused by chlorinated ethylenes, we highly recommend you check it out.
Warning: The title of the presentation is “Coincidence or Cluster?” We believe this is a poorly-chosen title and it does not properly reflect the main issue in these suits. The main issue, as we understand it, is whether or not the defendants’ chemicals caused the individual plaintiffs’ cancers. Whether McCullom Lake’s cancers can be considered a cancer cluster is a red herring. So please ignore the overly simplistic title, but do check out the presentation.
The Northwest Herald (McHenry County, IL) reports:
Modine Manufacturing tentatively has settled out of court in the McCullom Lake brain-cancer cases, agreeing to pay an undisclosed sum to the 22 plaintiffs and $2 million to settle a class-action lawsuit.
If approved by a U.S. District Court judge, the settlement announced Friday would end Modine’s financial liability in the lawsuits, which tied pollution from its Ringwood manufacturing plant to brain-, nerve- and pituitary-cancer victims. That would leave Rohm and Haas, which operates a plant just north of Modine’s, and subsidiary Morton International as the only remaining defendants.
Modine does not, in any way, admit liability with the settlement, said James Rulseh, vice president of the company’s American operations. The lawsuits alleged that Modine contaminated groundwater and air with trichloroethylene, a chemical used as an industrial-strength degreaser, which in turn broke down into carcinogenic vinyl chloride.
[...]
The class-action lawsuit and the first three individual lawsuits were filed in April 2006. Three former McCullom Lake next-door neighbors, about a mile to the south of the factories, were diagnosed with brain cancer within eight months of one another.
Of the $2 million class-action settlement, Modine will pay $1.4 million toward a medical monitoring program to reimburse current or former village residents who want an MRI. Another $100,000 will establish a fund to reimburse property owners seeking property value relief, and the remaining $500,000 will pay for court-approved attorney’s fees and settlement costs.
Payments to the 22 individual plaintiffs will remain confidential under the settlement, attorney Aaron Freiwald said. The damage cases were filed in state court in Philadelphia, home to Freiwald’s law office and Rohm and Haas’ world headquarters.
Of the plaintiffs, 18 have brain or nerve cancer, three have pituitary cancer, and one has cirrhosis of the liver of unknown origin. Eight of the plaintiffs have died, all but one from glioblastoma multiforme, a deadly brain cancer that occurs in just more than 3 people per 100,000.
[...]
Freiwald said Friday that the settlement allowed him to focus all of his scrutiny on Rohm and Haas, which he said by far was the major contributor to contamination. The factory, owned at the time by Morton, dumped wastes into an 8-acre landfill/lagoon between 1960 and 1977. Rohm and Haas assumed control of the factory in 2005, six years after acquiring Morton for $5 billion.
[...]
The medical-monitoring class includes anyone who lived in village limits for at least one cumulative year between Jan. 1, 1968, and Dec. 31, 2002. The property damage class includes anyone who owned property in the village between April 25, 2006 – the date the class-action lawsuit was filed – and Jan. 18, 2008.
Read the full story here.
The following story, published in the Lexington Herald-Leader (KY) this week, reveals the origin of the recent study confirming links between TCE and Parkinsons:
Chemical linked to Parkinson’s disease
By Sarah Vos
SVOS@HERALD-LEADER.COM
In the late 1970s, Eddie Abney cleaned grease from metal gauges at a Berea factory using a chemical solvent called trichloroethylene, or TCE. The chemical, which is still used today as an industrial degreaser, soaked through his cotton gloves and into his skin. It splattered on his clothes. He breathed in its vapors.
At night, when he came home, he would tell his wife that the smell was killing him.
It may have been.
Researchers at the University of Kentucky have linked industrial use of TCE to Parkinson’s disease, which Abney has. It was Abney, 51, who pointed researchers to a possible connection, leading to a study that was published last month in the online version of Annals of Neurology, a journal of the American Neurological Association.
The study shows a clear link between an environmental contaminant and Parkinson’s, said Don Gash, the lead researcher.
TCE has been suspected before as a cause of Parkinson’s, but the UK study shows a “clear-cut link” from exposure to the chemical to the disease’s development, Gash said. “We’ve connected the dots.”
The study found that three people who directly handled TCE at the factory where Abney worked developed Parkinson’s disease. An additional 14, who breathed in its vapors, had early symptoms of Parkinson’s, but not the disease itself. And 13 more, who were also exposed to vapors, didn’t show signs of parkinsonism but had slower fine motor skills than others their age.
[...]
When Abney was diagnosed with Parkinson’s in 2001, he and his wife, Susan, wondered whether TCE could have been the cause. Sometimes Parkinson’s has a genetic tie, but Eddie Abney didn’t have family history of Parkinson’s. Environmental factors had been linked to the disease: exposure to certain pesticides or recreational use of MTPT, known commonly as synthetic heroin.
But Abney wondered whether, in his case, it was TCE. He remembered the strong smell of the chemical he had worked with for more than two decades with little protection.
“I had gloves on, but they were just white cotton gloves,” Abney said. “If they got wet, they got saturated.”
A year after his diagnosis, Abney participated in a clinical drug trial for Parkinson’s disease at UK. When he told a researcher his medical history, he mentioned the exposure to TCE, and the fact that others from the factory had Parkinson’s. The researcher, Kathyrn Rutland, thought it sounded like a cluster of cases.
“We felt like there was enough there to really get started,” said Gash, the lead researcher.
Read the full story here. (Thanks to KM for the tip!)
The International Association of Machinists and Aerospace Workers (IAM) has released a video about the brain cancer investigation/study of Pratt & Whitney workers in CT.
Though the video suggests various chemicals may have been at play, the investigation has focused on exposure to TCE.
See the video here. Also be sure to visit Worked to Death for more on the P & W investigation and study.
When this blog first launched, we created a topic category called “Health Effects”. This was one of many topic categories we included to enable readers to find pertinent information more easily (see the list of “Topics” to the left).
Over time, we have realized that many of our readers have a particular interest in the way TCE (or related solvents) impacts specific organs in the body — and what is known about its relationship to particular diseases. As such, we’ve decided to begin categorizing health effects information (articles, studies, resources, etc) by target site/organ in the body. In doing so, we’ve created a number of new Health Effects categories. In a few cases, we’ve created specific disease categories, such as Lymphomas or Leukemia.
Want to know how TCE effects the brain? Click on Health Effects – Brain. The heart? Click on Health Effects – Heart. Want to to see all posts related to all health effects? Choose Health Effects – All.
At the moment, you’ll notice these categories are relatively empty. It may take us a few days or more to re-categorize all of our old health effects-related posts. In addition, as we publish new items related to specific health effects in the future, you will be able to find them in these new categories. Over time, we hope to add as many resources as possible in each category so that the TCE Blog continues to be a useful online resource.
Note: If there are resources (or categories) you would like to see added to our library of health effects information, please don’t hesitate to contact us. Also, please don’t hesitate to shout if you think there is a better/easier way to organize this information.
The following meeting announcement was recently posted to the Worked to Death website, a resource for information about the investigation/legal efforts and scientific study surrounding an outrageously high incidence of brain cancer (particularly glioblastoma multiforme) across Connecticut’s Pratt and Whitney Aircraft plants where trichloroethylene is one of the main toxins of concern.
WORKED TO DEATH ANNUAL MEETING NOTICE
BRAIN TUMOR CLUSTER STUDY
WHEN: WEDNESDAY, OCTOBER 18, 2006, 7:00 PM TO 10:00 PM
WHERE: THE CROWNE PLAZA HOTEL, 100 BERLIN ROAD,
CROMWELL CT (860-635-2000)
OPEN TO THE PUBLIC PLEASE ATTEND
By way of background, the following introduction can be found on the recently updated Worked to Death website:
Hi, let us introduce ourselves, we are Carol Shea and Kate Greco, wives of John Shea and John Greco. Our husbands were friends and co-workers for over 30 years at Prattt and Whitney Aircraft. They both lost their lives within one month of each other to a VERY RARE form of brain cancer, GLIOBLASTOMA MULTIFORME.
The Glioblastoma Multiforme (GBM) primary brain tumor is one of the most malignant and difficult brain tumors to treat. It is also a very rare type of tumor. According to the Central Brain Tumor Registry of the United States, www.cbtrus.org, GBM’s strike an average of 2.96 people per 100,000 – less than .003 percent – every year. The State Health Department, in consultation with federal health and safety experts, is investigating the possibility of a brain tumor cluster at Pratt & Whitney’s Connecticut plants. We have, with the help of local newspapers and TV stations running our story, compiled a list of over 87 confirmed Glioblastoma cases, we have an additional 41 confirmed cases with other forms of brain tumors at Pratt & Whitney. THIS IS WELL BEYOND THE PERCENTAGES!!!!!!!
We hope to inform you and engage your support for our efforts to help clean up this toxicity which we feel caused our husbands and many other deaths. We hope you will read on to see what our efforts have uncovered. We are involved in the largest study of its type in history which is being undertaken by the Universities of Pittsburgh and Chicago, under the direction of Dr. Gary Marsh, Dr. Frank S. Lieberman, both of the University of Pittsburgh and Dr. N.A. Esmen of the University of Illinois at Chicago with the cooperation of the State of Connecticut Department of Public Health through William Gerrish its Director of Public Health Communications.
For more information and background on the Pratt and Whitney situation, please also see this series of articles by the New Haven Advocate, including the initial piece from which the families’ website takes it’s name: Worked to Death: Pratt and Whitney Leaves Behind a Trail of Cancer
The Chattanoogan (TN), which was launched Sept. 1, 1999 and bills sitself as “as one of the first full-service web-only daily newspapers in the country”, provides this breaking news report:
A Hamilton County Circuit Court jury has returned a $5 million verdict for a former CSX Railroad employee.
The jury in the courtroom of Judge Jackie Schulten deliberated two and a half hours before bringing in the verdict in favor of Thurston Hensley, 67.
The jury found that Mr. Hensley had contracted both asbestosis and toxic encephalopathy through his work for 33 years as an electrician at the railroad yards at Corbin, Ky.
It was claimed that he had to handle both asbestos and was around dangerous solvents during his time with the railroad.
The plaintiff said he suffered lung damage from the asbestos and brain damage from the solvents.
He was represented by attorney Doug Nichol of Knoxville and attorney Joe Satterley of Louisville, Ky. The case was originally filed by attorneys from St. Louis, Mo.
The case was filed in January 2002.
Attorney Nichol said it was brought under the Federal Employees Liability Act, which allows for compensatory damages but not punitive damages.
He said that type suit can be brought either in federal or state court and in any place where the defendant railroad has a railyard.
Trial of the case lasted three weeks.
See the original article here. Thanks to Ken Sales of the Sales and Slattery Group for the tip.
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