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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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.

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.

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.

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.

Public release date: 7-Jan-2008

Contact: Amy Molnar
amolnar@wiley.com
Wiley-Blackwell

Trichloroethylene is a risk factor for parkinsonism

Parkinson's disease, the most common neurodegenerative movement disorder caused by aging, can also be caused by pesticides and other neurotoxins. A new study found strong evidence that trichloroethylene (TCE) is a risk factor for parkinsonism, a group of nervous disorders with symptoms similar to Parkinson's disease. TCE is a chemical widely used in industry that is also found in drinking water, surface water and soil due to runoff from manufacturing sites where it is used. The study was published in the October 2007 issue of Annals of Neurology (http://www.interscience.wiley.com/journal/ana), the official journal of the American Neurological Association.

Led by Don M. Gash and John T Slevin, of the University of Kentucky in Lexington, KY, researchers conducting a clinical trial of 10 Parkinson's disease patients came across a patient who described long-term exposure to TCE, which he suspected to be a risk factor in his disease. TCE has been identified as an environmental contaminant in almost 60 percent of the Superfund priority sites listed by the Environmental Protection Agency and there has been increasing concern about its long term effects. The patient noted that some of his co-workers had also developed Parkinson's disease, which led to the current study of this patient and two of his co-workers diagnosed with Parkinson's disease who underwent neurological evaluations to assess motor function. All of these individuals had at least a 25 year history of occupational exposure to TCE, which included both inhalation and exposure to it from submerging their unprotected arms and forearms in a TCE vat or touching parts that had been cleaned in it. In addition, questionnaires about experiencing signs of Parkinson�s disease, such as slowness of voluntary movement, stooped posture and trouble with balance, were mailed to 134 former workers. The researchers also conducted studies in rats to determine how TCE affects the brain.

The results showed that 14 former employees who reported three or more parkinsonian signs worked close to the TCE source, were found to exhibit signs of parkinsonism when they were examined and were significantly (up to 250 percent) slower in fine motor hand movements than age-matched controls. Clinical exams of 13 patients who reported no signs of parkinsonism revealed that they worked in the same areas as the symptomatic workers or further from the TCE vat, they exhibited some mild features of the condition and their fine motor movements were also significantly slower than controls, although they were faster than the group with symptoms. The rat studies showed that TCE exposure inhibited mitochondrial function (which in humans is associated with a wide range of degenerative diseases) in the substantia nigra, an area in the brain that produces dopamine and whose destruction is associated with Parkinson's disease. Specifically, Complex 1, an enzyme important in energy production, was significantly reduced in the substantia nigra. Dopamine neurons in this area also showed degenerative changes following TCE administration.

The authors acknowledge that while the study was not a large scale epidemiological investigation, the results demonstrate a strong potential link between chronic TCE exposure and parkinsonism. 'It will be important to follow the progression of movement disorders in this cohort over the next decade to fully assess the long-term health risks from trichloroethylene exposure,' they state. Although previous studies identified pesticides as a risk factor for Parkinson's disease, the drug MPTP was previously the only mitochrondrial neurotoxin linked to the disease. The authors conclude: 'Trichloroethylene is implicated as a principal risk factor for parkinsonism based on its dopaminergic neurotoxicity in animal models, the high levels of chronic dermal and inhalation exposure to trichloroethylene by the three workers with Parkinson's disease, the motor slowing and clinical manifestations of parkinsonism in co-workers clustered around the trichloroethylene source, and the mounting evidence of neurotoxic effects in other reports of chronic trichloroethylene exposure.'

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

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.

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.

Update:

- The town's public water supply (serving just over 20,000 pople) suffered from 16-30 years of ongoing TCE contamination;
- TCE contamination found in the town's private water supply over past 20 yrs. No add'l sampling ordered. Past and current health risk unknown;
- Known contamination sites, discovered over 20 yrs ago, may still be contaminated;
- Cancer rates (multiple types) elevated with statistical significance and some with rising trends;
- Official conclusion: Past exposure to TCE in the public water supply presented No Apparent Public Health Hazard;
- No follow-up recommended.

Mr. Fischbein:

The TCE Subregistry cancer outcomes analyses are slated to be released under a separate study. The results are not publically available at this time. Please do keep tabs on our publications for future releases.

Some of the areas considered as focuses for further study include adult cancers and mortality, heart defects, frequency of hospital visits, neurological affects and autoimmune diseases [...and...] a variety of conditions in children who were in the womb during the contaminated years, including neural tube defects, oral clefs, childhood leukemia and non-Hodgkin's lymphoma, and a variety of heart defects. The independent panel was formed to further investigate the contamination of Camp Lejeune's water systems between 1968 and 1985 by the chemicals trichloroethylene (TCE) and tetrachloroethlyene (PCE), cleaning chemicals that leaked from a dry cleaning business on Lejeune Boulevard and into the drinking water for the Tarawa Terrace residential area and other areas of the base.

Ozonoff said he was especially worried about the [ATSDR's] inability to resolve the complaints of many people who were never notified of the contamination or who felt neglected by not being included in the [previous] study. "Let's face it, underlying this is an issue of trust," Ozonoff said. "While ATSDR has a long record of saying they help the community, there is a rocky history. You're going to have to figure out the trust issue."

Update: Not surprisingly, the Solvents Industry doesn't think further study is warranted. So much so, they issued this press release (warning: links directly to PDF doc)

This assessment presents EPA's most current evaluation of the potential health risks from exposure to trichloroethylene (TCE). TCE exposure is associated with several adverse health effects, including neurotoxicity, immunotoxicity, developmental toxicity, liver toxicity, kidney toxicity, endocrine effects, and several forms of cancer. Mechanistic research indicates that TCE-induced carcinogenesis is complex, involving multiple carcinogenic metabolites acting through multiple modes of action. Under EPA's proposed (1996, 1999) cancer guidelines, TCE can be characterized as "highly likely to produce cancer in humans."

Update: