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.Read the full story here.
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.
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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.
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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.
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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.
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