Toxics Law Reporter™ delivers the most comprehensive, authoritative, and objective coverage of significant developments in toxic tort, hazardous waste, and related insurance litigation, all with...
By Peter Hayes
July 14 — A $20.6 million award to a woman who claimed toxic chemicals dumped at a ball-bearing plant caused her hepatitis wasn't excessive, the Western District of Missouri ruled July 13 ( Kirk v. Schaeffler Grp. USA, Inc., 2016 BL 224482, W.D. Mo., No. 13-cv-5032, 7/13/16 ).
The court rejected a challenge to the compensatory damages portion of the award.
The plaintiff’s experts established that Jodelle Kirk suffered $3 million in economic damages, and a $4 million award for non-economic damages was “not excessive or disproportionate,” the court said.
A federal jury in Missouri awarded Kirk $13 million in punitive damages and $7.6 million in compensatory damages (31 TXLR 291, 3/31/16).
She alleged that FAG Bearings LLC dumped trichloroethene, a toxic degreaser for metal parts, on the grounds of its Joplin, Mo. plant from 1971 to 1982.
She also claimed that her illness was caused by exposure to TCE in utero, and through contact with contaminated soils and ground water near the plant when she was a child.
The court noted that Kirk may have to take a drug which increases her risk of having cancer for the rest of her life to prevent her immune system from attacking her liver.
“She can choose to continue taking the drug and never become pregnant, or she can discontinue taking the drug and become pregnant but risk dying,” the court said.
“This is a horrible dilemma for a young woman who testified she wanted to have a family.”
Judge Greg Kays issued the opinion.
The law offices of Humphrey, Farrington & McClain represented Kirk.
Dentons US represented Schaeffler Group USA, Inc., FAG Bearings LLC, and FAG Holding LLC.
To contact the reporter on this story: Peter Hayes at email@example.com
Full text of the opinion available at http://www.bloomberglaw.com/public/document/Kirk_v_Schaeffler_Grp_USA_Inc_No_313cv5032DGK_2016_BL_224482_WD_M.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
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