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(UPDATE: Though we’ve not yet had a chance to review it, here is a PDF copy of the official complaint – not yet including exhibits.)
(UPDATE II: Complaint now also available for download with exhibits)
While we’re working to obtain a copy of the official complaint, here’s what we know so far:
- On July 4, 2009, Laura J. Jones, through her attorneys, filed a lawsuit against the the federal government claiming that her health problems, including non-hodgkins lymphoma, resulted from toxic water at Camp Lejeune. A nice touch, we think, filing suit against the government on Independence Day.
- The suit was filed under authority of the Federal Tort Claims Act. The act allows citizens to sue the federal government in court for money based on “personal injury or death caused by caused by the negligent or wrongful act or omission of any employee of the Government.” (28 U.S.C.A. § 1346(b))
- The official title of the case is Laura J. Jones v. United States of America, case number 7:2009cv00106 7:09-cv-00106-BO.
- The case was filed in the Eastern District Court of North Carolina and was assigned to Judge Terrence W. Boyle.
- The case is filed on behalf of Jones as a single plaintiff with additional cases expected to be filed in the future. No news on whether a class action filing is expected.
- According to a news report from NBC17 in North Carolina:
The suit says the government knew for at least five years that chemicals such as tetrachloroethylene, trichloroethylene, dicloroethylene, vinyl chloride and benzene contaminated the water supply in high doses, but let the wells stay open.
Lawyers say the toxic water led to cancer and other health problems.
[...]
The suit contends that if the military had followed its own regulations that had been in place since the 1950s, the contamination would not have happened.
- According to a CBS News 9 report, Jones lived on the base from 1980 to 1983 and was diagnosed with Non-Hodgkins Lymphoma 20 years later.
- Jones’s case will rely, in part, on military documents that outline the military’s policy for maintaining a safe water supply.
- Jones currently lives in Iowa and suffers from fibromyalgia and immune disorders. She was not well enough to attend the Monday’s press conference announcing the lawsuit.
Below is a video containing excerpts from the press conference, provided courtesy of NBC17:
And that number appears to be climbing. From today’s St. Petersburg Times:
Scientists studying drinking water contamination at Camp Lejeune were startled when 11 men with breast cancer and ties to the North Carolina base were identified over the last two years.
Six more have been found in one week.
Five additional men with breast cancer and a sixth who had a double mastectomy after doctors found precancerous tumors contacted the St. Petersburg Times last week after reading a story about the 11 men with the rare disease.
“This male breast cancer cluster is a smoking gun,” breast cancer survivor Mike Partain said on Friday. “You just can’t ignore it. You don’t need science to tell you something is wrong. It’s common sense. It begs to be studied.”
[...]
Male breast cancer is exceedingly rare. Just 1,900 men are expected to be diagnosed with breast cancer this year compared with nearly 200,000 women, the American Cancer Society says.
A man has a 1-in-1,000 lifetime chance of getting the disease.
Men who get it are often over 70, though it is rare even in older males. Of the 17 men identified by Partain and the Times, just three are over 70 — the youngest was Partain at 39 — and many have no family history of breast cancer, male or female, according to interviews.
[...]
If you or a family member lived at Camp Lejeune in North Carolina and have been diagnosed with male breast cancer, the St. Petersburg Times is interested in talking to you. Please call reporter William R. Levesque at (813) 269-5306 or toll-free at 1-800-333-7505, ext. 5306.
Anyone who lived or worked at Camp Lejeune in 1987 or before can register with the Marine Corps for a health survey. To register or to get more information, visit https://clnr.hqi.usmc.mil/clwater/ or call (877) 261-9782.
Partain’s comment refers to a highly-questionable report proffered recently by the National Academy of Sciences which ignored significant available evidence and reached suspiciously preposterous conclusions including, amongst others, that further study of the poisoned population at Camp Lejeune should be both limited and discounted.
Read the full story here.
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.
We received this statement by email Wed evening (emphasis ours):
Statement in response to National Research Council report on Camp Lejeune:
We are disappointed and dismayed at the report titled, “Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects,” released by the National Research Council (NRC) on Saturday, June 13, 2009. This report was two years in preparation by scientists, many of whom we know and respect, that reached puzzling and in some cases erroneous conclusions. We are aware of the complex situation regarding availability and access to data, and each of us has participated in committees advising the Agency for Toxic Substances and Disease Registry (ATSDR) about how to move forward with health studies. It is our view that the Marines and their families who were exposed to dangerous chemicals in the Camp Lejeune drinking water over several decades deserve to know if this exposure has had an effect on their health. The most direct way to assess this is to conduct valid epidemiologic studies of those who lived or worked there, and we urge ATSDR to continue their efforts to carry these to conclusion. The overall judgment about the impact of the chemicals on health can then be informed both by the general scientific literature the NRC reviewed, plus findings from directly relevant studies of the exposed population.
Specific areas where we disagree with the NRC report include their assessment of the water distribution modeling, their assessment of the risk caused by exposure to two of the principal contaminants (TCE and PCE), and the likelihood of conducting meaningful epidemiologic studies in this setting. We view the water modeling undertaken by ATSDR and its consultants as “state-of-the-art” and worth carrying through to completion so that it can be used in the on-going and proposed health studies. There may be uncertainties about specific levels of exposure for individual households or people, but these can be described in the study results. We also agree with the National Toxicology Program that TCE and PCE are “reasonably anticipated to be human carcinogens” and reject the characterization of the evidence as “limited/suggestive” as presented in the NRC report. We note that this characterization of solvent mixtures actually steps back from previous work done by the National Academy of Sciences Institute of Medicine in 2003. Finally, we disagree with the thrust of the NRC report that it is unlikely that scientifically informative epidemiologic studies of the Camp Lejeune population can be done. The NRC doubts that “definitive” answers can come from any study, but this sets the bar too high – no one study can provide definitive answers, and all studies must be considered in the light of other scientific evidence. From our experience in other settings, we believe that useful studies of the Camp Lejeune population are possible and furthermore that the Marines and their families deserve our government’s best efforts to carry them out.
For these reasons, we urge the ATSDR to consider this particular NRC report in the context of other expert advice they have received during the past decade and the competent work already done by agency staff. Since the NRC report is at such variance with the recommendations of other water modeling and epidemiologic experts, we believe it should not stand as the final word.
Sincerely,
Ann Aschengrau, Sc.D., Professor, Associate Chair of the Department of Epidemiology, Boston University School of Public Health
Richard Clapp, D.Sc., MPH, Professor, Boston University School of Public Health
David Ozonoff, MD, MPH, Professor and Chair Emeritus of the Department of Environmental Health, Boston University School of Public Health
Daniel Wartenberg, Ph.D., Professor, Environmental and Occupational Medicine, Robert Wood Johnson Medical School
Sandra Steingraber, Ph.D., Scholar in Residence, Ithaca College
A report by the National Research Council, Contaminated Water Supplies at Camp Lejeune – Assessing Potential Health Effects, was released yesterday. Money quote:
The available scientific information does not provide a sufficient basis for determining whether the population at Camp Lejeune has, in fact, suffered adverse health effects as a result of exposure to contaminants in the water supplies.
[...]
[T]hese limitations cannot be overcome with additional study. Thus, the committee concludes that there is no scientific justification for the Navy and Marine Corps to wait for the results of additional health studies before making decisions about how to follow up on the evident solvent exposures on the base and their possible health consequences.
Though we’re not yet through the whole thing, the report appears to raise more questions than it answers — not so much about the exposed poisoned population at CL, but about the mindset, approach and conclusions of the NRC.
Andrea over at The Few, The Proud, The Forgotten has posted the the full report (PDF), as well as the report brief (PDF) and the executive summary (PDF).
We’ll be back with thoughts and questions once we trudge through the full report…stay tuned.
Like Mike Partain, Bill Smith is a male breast cancer survivor who was exposed to toxins at Camp Lejeune, NC. Bill was kind enough to share his story with us:
After graduating from Florida State University with a journalism degree, William J. P. Smith, Jr. served in the USMC from 1956 until 1959, stationed at Camp Lejeune, NC, the majority of the time with the Globe as sports editor and acting editor of the largest Corps newspaper at the time. While there, he married, residing at the trailer park on the base and later in Midway Park, while fathering two girls.
In 1994, Bill was diagnosed with breast cancer, and had a radical modified mastectomy with 30 lymph nodes removed from his left side. He was treated with Tamoxifin for five years, and has had no reoccurance. It should be noted that there was no history of any kind of cancer in the Smith family. His former wife and two girls have had no symptoms of the disease.
On behalf of women, Bill has been a fund raiser and is the subject of two books, Living with Breast Cancer, the Story of 39 Women and One Man by Perry Colemore and Lisa Adelsberger, and Messages from Somewhere, Inspiring Stories of Life After 60 by Harriet May Savitz. He has also written an autobiographical screenplay on his experience.
The irony of all of this is that Bill was part of the team at Xerox Corporation that introduced xeroradiography for the early detection of breast cancer in 1969 at Hutzel Hospital in Detroit. Every once in a while, he takes the press kit from his library shelf and shares it with his students, who find it hard to believe that men can contract the horrific disease.
Today, Bill resides in Tallahassee, FL with his wife Kathy, teaches at FSU and runs an integrated marketing communications consultancy, Huckleberry Finn Tomorrow.
There are now at least 4 men known to have developed breast cancer after exposure to toxins at Camp Lejeune. With fewer than 2,000 new cases of male breast cancer diagnosed each year, we wonder:
- What are the odds of finding 4 cases of male breast cancer from the same contaminated military base?
- How many other military men have developed breast cancer?
As we learn more, we’ll keep you posted.
Last week’s Sarasota Herald-Tribune (FL) reports:
During the last 20 years, Tallevast residents say dozens of their neighbors have died prematurely. Others are still fighting cancer and beryllium-related health issues.
But a draft Florida Department of Health report on the community blighted by more than 200 acres of polluted ground water found just four cases of cancer.
The report could hardly be more different from a survey by residents that showed about 90 cases of cancer or beryllium-related diseases in the mainly black community.
DOH officials who met with the neighborhood group FOCUS on Monday agreed that their numbers, based on a state database and figures from a local hospital, were wildly off the mark. They also admitted they had studied the wrong ZIP code.
Although Tallevast has a post office, most Tallevast residents live in a Sarasota ZIP code.
“That’s one of the problems of dealing with a statewide database,” said Randy Merchant, a DOH administrator. “It’s hard to get a handle on what is happening in so small an area.”
The results left community leaders upset that state officials had not worked more closely with them to ensure errors like this did not happen.
“We’re angry,” said Wanda Washington, vice president of FOCUS. “We’re just not sure what road to take. No one ever came into the community to do a study. If you are doing it from behind a desk, you’re going to miss a lot.”
FOCUS’ figures on incidences of cancer came from a door-to-door survey quizzing families about their medical histories.
The community of about 80 homes sits above more than 200 acres of polluted ground water left behind by the former American Beryllium Co., which built parts for nuclear warheads for the federal government for nearly 40 years.
State officials said they will likely get an epidemiologist to conduct a similar door-to-door survey.
The cost would be about $125,000, they said.
State Rep. Bill Galvano, R-Bradenton, said if the DOH cannot fund it he will look for other funding sources.
“I’ve committed myself to help see that that happens so that the question can be answered and a more accurate picture developed,” Galvano said.
Residents in Tallevast have asked Lockheed Martin, the company responsible for the cleanup of the site, to pay for them to move. They have also filed several lawsuits against Lockheed and other companies that operated at the site seeking damages for health issues and falling property values.
Lockheed became the owner of the Tallevast site after the company acquired the former Loral company in 1996. It shut down the plant and sold the property, but not before discovering soil and ground-water pollution on and around the site.
In 2000, Lockheed notified county and state officials of the pollution, which included trichloroethylene, or TCE, a compound linked to liver and kidney cancer and other ailments.
Residents, who were not informed for almost four more years, continued to use well water. Their homes were switched to the county drinking water system in 2004.
FOCUS leaders said they would welcome state officials’ repeating their survey.
“We think the state will be better at it,” Washington said. “You need to put your feet on the ground and come out here and collect that information.”
Mike Partain is a breast cancer survivor. He was diagnosed years after his exposure to toxins at Camp Lejeune, NC. Tallahassee.com tells his story:
Poisoned at Camp LeJeune, snookered by Uncle Sam
Bill Berlow
Associate Editor
Mike Partain, son and grandson of Marine Corps veterans, grew up steeped in traditional American values — a rock-solid Reagan Republican whose life, even before birth, began among the few, the proud, at Camp LeJeune, N.C.
But for the past year, the 40-year-old Tallahassee insurance claims adjuster’s faith in his government has been shaken to its core.
He’d always assumed that Uncle Sam, first and foremost, had the health and welfare of U.S. citizens at the top of his priority list — especially if they’d worn the uniform.
Now he’s much less sure.
Partain’s crisis of doubt began a year ago, when his wife gave him “a hug that changed my life.” She found a lump, which turned out to be a cancerous tumor. A 14-inch surgical scar where Partain’s right breast used to be is the physical evidence of his breast cancer.
Less obvious is the psychological scar — both as a cancer survivor still undergoing treatment and as one who feels his government betrayed a trust.
Not long after he learned he had cancer, Partain found out that his recurring rash since birth and his breast cancer — rare among men, particularly those with no family history of the illness — probably stemmed from his exposure during fetal development and the first year of his life to water contaminated with tetrachloroethylene, a solvent used in dry cleaning.
Just two months after Partain’s wife felt the lump, the federal Agency for Toxic Substances and Disease Registry acknowledged that Marines and their families who between 1957 and 1987 lived in the LeJeune neighborhood where his family lived, drank water contaminated with extremely high levels of the carcinogenic chemical.
Partain and a network of former LeJeune residents who believe their serious health problems are due to the poisoning point out, however, that the government first knew of the contamination in the early 1980s — but did little or nothing to let the former Marines and their families know they were at risk.
“At this time last year, I was dying and I didn’t know,” Partain said. “The government knew I was dying and didn’t tell me. That burns me up.”
The LeJeune families can’t sue the feds, since the government hasn’t waived its sovereign-immunity protection. The military, meanwhile, is protected by the Ferris Doctrine, a 1950s-era ruling that protects the armed services from legal action by the men and women who serve — the idea being that if a soldier was wounded in battle because of a commanding officer’s dumb decision, the country would be worse off if the government had to battle personal-injury lawyers as well as foreign enemies.
I first met Partain in the fall of 2006, several months before his diagnosis. He was the adjuster for an insurance claim we filed. A former teacher from Winter Haven, where he grew up, he and I talked of his deep regret about having to give up teaching to support his wife and four children. That conversation even helped inspire a column about ex-teachers in November of that year.
Last year, after he told me his illness motivated his involvement in a crusade to reveal the truth behind the LeJeune environmental debacle, the Tallahassee Democrat reported his story on July 9, a few weeks after a congressional hearing on the LeJeune families.
A congressional investigation is still under way, and Partain has gotten help from U.S. Rep. Allen Boyd, D-Monticello, who called Partain’s story and that of other LeJeune families “deeply troubling, to say the least.”
Boyd’s office, which has tried to navigate the federal and military bureaucracies for Partain, said he is one of seven constituents in the congressman’s North Florida district who are seeking more information related to the LeJeune contamination.
Now Partain reluctantly acknowledges that he’s an activist, a word he’s still not comfortable with because of his conservative upbringing and beliefs.
When I likened the experience of the LeJeune Marine families to military victims of Agent Orange during the Vietnam War, Partain agreed.
“Defend, deny and delay,” he said, describing the government’s strategy in the face of claims that Agent Orange was responsible for a slew of veterans’ illnesses. “And that’s what they’re doing to us.”
Partain (strashni@comcast.net) was to share his story last night with vets at the American Legion post on Lake Ella. Even though he doesn’t realistically expect compensation from the government, it’s part of his personal commitment to spread the word about those exposed to the poison, estimated to number upwards of a million Americans.
It’s one more example of a government’s betrayal — always shocking, but, sadly, no longer surprising and, as Partain says, quickly forgotten.
Recently, the Dayton Daily News (OH) reported the Behr Dayton Thermal Products Plant has been proposed to EPA’s National Priority List (NPL) for clean-up:
Groundwater contamination in the vicinity of the Behr Dayton Thermal Products Plant is severe enough to merit putting it on the National Priority List of the U.S. EPA’s Superfund program, federal officials said.
The list represents the highest level of urgency for cleanups in the nation.
If the U.S. Environmental Protection Agency approves later this year, an effort to cleanup groundwater at the site would rank among five others in Montgomery County on the National Priority List.
There are 22 active Superfund sites in the county where work is being planned or is under way.
Priority sites are considered the worst in the nation in terms of hazard and are eligible for cleanup using Superfund Trust money. The Behr project is still in the investigational stages, which typically can take two years and cost millions, officials said.
So far, the contamination has led to the closure of McGuffey Elementary School, 1032 Webster St., and the installation of air evacuation systems in 100 homes affected by indoor air fumes from the groundwater, which is tainted with the degreaser trichloroethylene — TCE — and other organic chemicals.
It’s unknown when the school will reopen. A handful of homes that have dirt basements still have indoor air contamination slightly above strict exposure levels. In the Superfund program, those responsible for the contamination fund the cleanup.
According to documents obtained by the Dayton Daily News, federal investigators believe four industrial businesses could share responsibility: Gem City Chemicals Inc., Aramark Uniform Services, Chrysler, and Behr Dayton Thermal Products.
Aramark didn’t return a call for comment. Gem City declined comment.
In a follow-up article, the Daily News also reports that a survey of local cancer incidence is planned:
Public Health Dayton & Montgomery County is launching a cancer incidence survey among residents near the Behr Dayton Thermal Products plant, where groundwater pollution has prompted regulatory action to address indoor air quality.
Mark Case, director of environmental health for the agency, said Monday, March 10, that the survey could take up to a year and is being conducted with the Ohio Department of Health.
The survey will examine medical records and compare cancer levels in the neighborhood with overall cancer levels in the county, state and nation, he said. “By comparison, you get a sense whether something is out of line or not,” Case said.
The Ohio Cancer Incidence Surveillance System will be tapped for data, he noted. All diagnosed cancer cases in Ohio are supposed to be reported to the system. The area will include the census tract of the Behr plant and residential neighborhoods where 100 or so indoor air vapor abatement systems have been installed.
A similar survey was performed in 2005 in Kettering neighborhoods near the former Gentile Air Force Station. Residents of the Wiles Creek neighborhood there complained about pollution from the former Defense Electronics Supply Center. The survey found no abnormalities.
Case acknowledged that a cancer survey could have some limitations.
“We don’t know how long the vapors have been in people’s homes,” he said.
The exact chronology of Behr plant pollution is unclear. Former plant owner Chrysler has said it discovered TCE, or trichloroethylene, contamination in 1996, but it wasn’t until Ohio EPA tests in 2006 that hazards to homes were suspected.
Cancer can develop over decades and take the form of many different types of tumors, Case said. In its Ninth Report on Carcinogens, the federal National Toxicology Program determined that TCE is “reasonably anticipated to be a human carcinogen.” The International Agency for Research on Cancer has determined that TCE is “probably carcinogenic to humans,” according to the Agency for Toxic Substances & Disease Registry.
In a related development, a community outreach survey sponsored by the Environmental Sustainability Research Group at the University of Dayton will examine health problems in the area. A public meeting on the survey could occur in April, a spokeswoman said.
Cancer Monthly posted a great feature entitled Cancer and the Presidential Candidates. We extracted the legislative efforts that we think most relevant for TCE-impacted individuals and communities:
Barak Obama has sponsored a bill to enable states to develop or expand activities to monitor exposure to environmental toxins and pollutants (S.1068);
Hilary Clinton has sponsored a bill that would amend the Safe Drinking Water Act to protect the health of susceptible populations from trichloroethylene (S.1911);
Both of them, along with John McCain, cosponsored a bill that would provide grants to better understand the environmental factors related to breast cancer (S.579).
Of course, this is just a glimpse of the candidates’ cancer-fighting credentials and only part of the feature. The rest of it is worth checking out, especially the part that leads Cancer Monthly to conclude:
And finally, beneath its public relations veneer as our protector, the FDA is an agency that reportedly lets drug company representatives make decisions for the country, approves dangerous drugs, and does not perform necessary follow-up on approved drugs.
Update: You know, we checked out the proposals that we blindly copied cited above. Of course we were already familiar with the TCE Reduction Act (S.1911), so we checked out the Obama and McCain-sponsored proposals. The McCain cosponsored proposal, (S.579), reads pretty much as Cancer Monthly advertises.
We’re not certain, however, that Cancer Monthly captured the full impact of Obama’s proposal. It seems to us that its scope is much broader than just expanding states monitoring capabilities. Seems to us like Obama is seeking accountability. Judge for yourself – here’s the full text:
‘A bill to promote healthy communities. ‘
Bill # S.1068
Original Sponsor:
Barack Obama (D-IL)
Healthy Communities Act of 2007 – Requires the Secretary of Health and Human Services to establish the Advisory Committee on Environmental Health to review environmental health data and studies to: (1) assess the impact of federal laws, policies, and practices on environmental health and justice; and (2) identify and recommend ways to change or ensure compliance with federal laws, address gaps in federal environmental health research, and prevent or mitigate harm from federal policies, programs, and practices that may adversely affect environmental health or justice. Requires the Director of the Centers for Disease Control and Prevention (CDC) and the Administrator of the Environmental Protection Agency (EPA) to prepare a biennial Environmental Health Report Card for the nation and for each state. Requires the Secretary to: (1) establish the Health Action Zone Program to award grants to at-risk communities for comprehensive environmental health improvement activities; and (2) expand and intensify environmental health research. Requires the Secretary, acting through the Director, to provide grants and technical assistance to enable states to develop or expand activities related to biomonitoring of exposure to environmental toxicants and pollutants. Requires the Secretary to: (1) promote translation and dissemination of findings; and (2) incorporate the data collected under this Act with existing data collection efforts. Requires the Director to expand training and educational activities relating to environmental health and justice for health professionals and public health practitioners.
This news is not good:
ScienceDaily (Feb. 21, 2008) — The consequence of maternal exposure to a variety of potentially toxic agents during pregnancy remains the prime focus of concern in scientific endeavors and in society at large.
However, there is now mounting evidence that paternal exposure can also adversely affect fetal and postnatal development of offspring and that this imprint can be expressed in subsequent generations.
[...]
The reported impact on offspring outcome includes low birth weight; increase in childhood cancers; developmental, behavioral, endocrine abnormalities and cross-generational effects.
We already know that TCE-exposure, even at low levels, can cause permanent genetic damage. The notion that this damage is passed along by TCE-exposed fathers to subsequent generations has staggering public health implications for millions of Americans.
To be fair, we should mention this news came in the form of a symposium announcement rather than as a breaking investigative story. The symposium is being organized by Gladys Friedler, Ph.D., of Boston University School of Medicine and is entitled The Father and Fetus Revisited. You can read more about it here.
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.
Recently we received the following email/question from a blog reader:
Have there been any reports about workers exposed to TCE and B cell Lymphoma in the Teleco work group?
My job was DCO Repairman – Dial Central Office Repairman – but we used TCE almost every day to clean the electronic and moving parts. So much was used our hands were white from lack of oil, and our shirts always were wet right above the belt line.
Yes, there have been reports of TCE exposure and related disease among telecommunications workers. Amongst others, workers from Lake Mary, FL were exposed to TCE through work at Stromberg-Carlson/Siemens and have
experienced health problems (including cancers) as a result. Their website can be found at http://www.exposed2tce.com.
If other readers are looking for information or have a question you’d like answered, please do not hesitate to contact us.
Rita Beamish from the Associated Press has written three articles that are running in papers around the world today:
Camp Lejeune Water Under Scrutiny
The former residents, who together seek nearly $4 billion, believe their families were afflicted by water containing industrial solvents before the Marines shut off the bad wells in the mid-1980s.
Dates Important in Water Contamination
Key events in the contamination of drinking water at Camp Lejeune in North Carolina.
Solvents in Water Present Perils
Industrial solvents known as TCE and PCE are known health hazards, but the amount of exposure that can cause harm is subject to debate.
Update (June 13):
Congress investigates tainted water at Marine base by Kimberly Hefling
The government Tuesday disclosed results from a new study the same day lawmakers listened to emotional testimony from families about cancers and other illnesses they blame on tainted tap water at the sprawling base.
We recently received the following announcement from our friends at VOTE – Victims of TCE Exposure in Oregon:
Meeting Notice
View-Master Health Study Citizens Advisory Group (VMHS CAG)
Tuesday, June 12, 2007, 6:00-7:30 p.m.
Conference Room, Beaverton Library [Google map]
(SW Hall and Fifth St.)
Tentative Agenda:
1. Introductions (5 min.)
2. Approval of minutes of the April meeting. (5 min.)
3. Quick Reports (charter, letters). (10 min.)
4. Discussion with Dr. Don Austin. Dr. Austin is an M.D., an epidemiologist, and a co-investigator on the proposed View-Master health study. He will discuss with us the formation of the Oregon Cancer Registry, and talk about a few specific cancers thought to be associated with TCE. (50 min.)
5. Next meeting: September (probably Thursday, Sept. 27) (5 Min.)
Please notice that we are meeting on a Tuesday evening in order to accommodate Dr. Austin’s schedule. We are meeting at 6:00, our customary time, because the library closes at 8:00.
According to the East Valley Tribune (Scottsdale, AZ), a former Scottsdale resident petitioned the ATSDR to determine if cancer rates in the area are elevated:
“Those of us who were developing children in the NIBW [the North Indian Bend Wash Superfund site] would like to know definitively if there is a higher rate of cancer among our population,” Oberlender wrote in a request to the Agency for Toxic Substances and Disease Registry.
The petition, submitted in January, is being reviewed to determine if more evidence is needed, said Charles Green, a disease registry spokesman. A response is expected in early April.
The Superfund site is 13-square-mile area in Scottsdale and Tempe. It is bounded roughly by the Salt River on the south, Chaparral Road on the north, Scottsdale Road on the west and Loop 101 on the east.
TCE, or trichloroethylene, was used to clean circuit boards beginning in the 1950s. It was dumped down dry wells, sewers and into leaching beds for three decades until it was discovered in 1981 in five drinking water wells that serve Scottsdale.
The wells, three of which were owned by Phoenix until Scottsdale purchased them in 1987, were closed immediately, but concentrations of TCE were as high as 390 parts per billion near the time they were shut, according to the U.S. Environmental Protection Agency. The federal standard for drinking water is less than 5 parts per billion.
Four companies — Motorola, GlaxoSmithKline, Salt River Project and SMI Holding, formerly Siemens — have claimed the lion’s share of the more than $100 million in cleanup costs. Between 1981 and June 2006, an estimated 61.3 billion gallons of groundwater from the site were pumped and treated to remove an estimated 56,800 pounds of TCE.
It is expected to take 20 more years to clean up 90 percent of all the TCE in the groundwater, said Dennis Shirley, project coordinator for the companies.
[...]
Oberlender, who lives in Blacksburg, Va., particularly takes issue with a Superfund fact sheet Scottsdale posts online that says “trace” amounts of industrial chemicals, primarily TCE, were found in two of Scottsdale’s drinking water wells. Three wells owned by Phoenix that supplied water to Scottsdale residents for decades were some of the most contaminated. But the city does not reference those in its fact sheet, Oberlender said.
“Some Scottsdale residents are under the false impression that they did not drink the contaminated water because they paid their water bills to the city of Phoenix,” she said.
Read the full story here.
This article was made available online yesterday by Environmental Health Perspectives. From the abstract [PDF]:
Trichloroethylene Monograph
Trichloroethylene Cancer Epidemiology: A Consideration of Select Issues
Cheryl Siegel Scott and Weihsueh A. Chiu
A large body of epidemiologic evidence exists for exploring causal associations between cancer and trichloroethylene (TCE) exposure. The U.S. Environmental Protection Agency’s 2001 draft TCE health risk assessment concluded that epidemiologic studies, on the whole, support associations between TCE exposure and excess risk of kidney cancer, liver cancer, and lymphomas, and, to a lesser extent, cervical cancer and prostate cancer. As part of a minimonograph on key issues in the health risk assessment of TCE, this article reviews recently published scientific literature examining cancer and TCE exposure and identifies four issues that are key to interpreting the larger body of epidemiologic evidence: (1) relative sensitivity of cancer incidence and mortality data; (2) different classifications of lymphomas, including non-Hodgkin’s lymphoma; (3) differences in data and methods for assigning TCE exposure status; and (4) different methods employed for causal inferences, including statistical or meta-analysis approaches. The recent epidemiologic studies substantially expand the epidemiologic database, with seven new studies available on kidney cancer and somewhat fewer studies available that examine possible associations at other sites. Overall, recently published studies appear to provide further support for the kidney, liver, and lymphatic systems as targets of TCE toxicity, suggesting, as do previous studies, modestly elevated (typically 1.5 to 2.0) site-specific relative risks, given exposure conditions in these studies. However, there are a number of challenging issues that need to be considered before drawing causal conclusions about TCE exposure and cancer from these data.
Download the full version here [PDF]
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