Attorneys representing hundreds of
current and former Nitro residents are investigating concerns over the
medical-monitoring portion of a landmark settlement agreement with Monsanto Co.
Residents who lived, worked or went
to school in the Nitro area sought medical monitoring for dioxin-related
illnesses and a cleanup of what they argued was a contaminated community.
On the eve of an expected six-month
trial, in 2012, Monsanto agreed to a 30-year medical-monitoring program with a
preliminary fund of $21 million for initial testing and up to $63 million in
additional money — dependent upon what level of dioxin is found in residents.
Money that isn’t used goes back to Monsanto.
The settlement allows residents to
retain their right to file personal-injury lawsuits against Monsanto if medical
tests turn up illnesses potentially related to dioxin exposure.
Dioxin has been linked to cancer,
birth defects, learning disabilities, endometriosis and other infertility
problems, and suppressed immune functions. The chemical builds up in tissue
over time, meaning that even a small exposure can accumulate to dangerous
levels.
Attorneys for the class of
plaintiffs told a judge earlier this month that there are a number of
discrepancies regarding the test results.
“Class counsel takes its role in
ensuring that the participants in the medical-monitoring process get all the
benefits they’re entitled to very seriously,” said David Carriger, a lawyer
with the Calwell Practice. “That’s why we’re trying to get more information
about the process by which the blood samples were obtained and the process by
which they were shipped and stored in the lab.”
Getting the information needed to
determine whether the monitoring process is flawed has been a challenge,
though, according to the attorneys.
Thomas Health System is fighting a
subpoena that was filed by attorneys for residents, according to Carriger.
Charleston attorney Thomas Hurney of the Jackson Kelly law firm, which is
representing Thomas Health System, didn’t return a call Friday.
Circuit Judge Derek Swope, of Mercer
County, who approved the 2012 settlement and presides over the case, told
attorneys for both sides during a Sept. 1 hearing, to try to reach an agreement
regarding the subpoena.
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