Rose, et al vs. Pharmacia LLC, et al

Case Background

On December 28, 2018, Plaintiff Merrilee W. Rose and James G. Rose, individually and as legal guardians of minor child G.L.G.R., along with others, filed a product liability lawsuit in the Washington State, Superior Court of Kings County(Case number: 18-2-58239-3). Michael Ryan presided over this case, which involved allegations of harmful exposure to toxic chemicals. This case, a significant PCB lawsuit, sought accountability from the parties responsible for the exposure and associated damages.

Cause

Monsanto Company and its affiliated entities intentionally produced and distributed over 1.25 billion pounds of polychlorinated biphenyls (PCBs), synthetic chemicals known for their extreme toxicity. From the 1930s to the 1970s, Monsanto marketed PCBs for use in construction materials and electrical equipment despite knowing the harmful effects of these chemicals. Sky Valley Education Center in Monroe, Washington, housed PCB-contaminated materials, including caulking and lighting ballasts, which leaked toxic chemicals into the environment. Environmental testing in 2016 revealed elevated PCB levels throughout the school buildings, with toxic fumes and spills affecting students, parents, and staff.

Both the Monroe School District and the Snohomish Health District were aware of the risks but failed to implement remediation measures or inform the affected community. These failures allowed for the continued exposure of individuals to dangerous chemicals, resulting in a toxic exposure lawsuit. The contamination led to widespread harm, which sparked further legal action in the form of PCB contamination lawsuit

Injuries

Students, parents, and staff at Sky Valley Education Center suffered severe injuries linked to PCB exposure. Children experienced developmental abnormalities such as precocious puberty, endocrine disruptions, and thyroid disorders. Many students also faced respiratory issues, frequent nosebleeds, and persistent headaches. Teachers and parents developed life-altering illnesses, including neurological impairments, autoimmune diseases, cancers, and reproductive disorders. One teacher suffered seizures and resigned due to worsening health, while others reported conditions like Hashimoto’s Disease.

Families described experiencing miscarriages, vision problems, and chronic fatigue. The symptoms correlated with the time individuals spent in the contaminated buildings and often improved during breaks, underscoring the link between PCB exposure and the injuries. As the evidence mounted, the Plaintiffs filed a PCB lawsuit to seek justice for the severe health impacts of PCB contamination.

Damages

The Plaintiffs faced extensive physical, emotional, and financial damages due to their exposure to PCBs. Parents incurred substantial medical costs to treat their children’s illnesses and developmental delays. Teachers and staff lost wages after resigning due to health complications. Families endured emotional distress as they coped with the long-term effects of toxic exposure, including miscarriages, life-threatening illnesses, and diminished quality of life. The contamination rendered the school buildings hazardous, forcing families to seek alternative educational arrangements.

Despite some remediation efforts, the persistent toxic environment required extensive cleanup, further increasing costs to the affected community. The widespread damages highlighted the devastating impact of prolonged PCB exposure on both individuals and public property, leading to multiple PCB contamination lawsuits.

Key Arguments and Proceedings

Legal representation

  • Plaintiff(s): Merrilee W. Rose and James G. Rose, individually and as legal guardians of minor child G.L.G.R. | Carol A. Snyder and Matthew D. Snyder, individually and as legal guardians of minor children H.H.S., E.J.S., and M.S. | Melissa J. Tetreault, individually and as guardian of minor children A.N.T. and B.E.A.T.
    • Counsel for Plaintiff: Courtney Rowley | Henry Jones | Richard Friedman | Colleen Peterson | Nicholas Rowley | Theresa Hatch
  • Defendant(s):Monsanto Company, a Delaware corporation | Solutia, Inc., a Delaware corporation | Pharmacia LLC, a Delaware limited liability company, f/k/a Pharmacia Corporation | Monroe School District No. 103 d/b/a Monroe Public Schools | Union High School District No. 402 | Snohomish Health District.
    • Counsel for Defendants: Kimberly Branscome | Anthony Upshaw | Steven Fogg

Claims

The Plaintiffs pursued claims of negligence, product liability, and failure to warn against Monsanto Company, the Monroe School District, and the Snohomish Health District. They alleged that Monsanto knowingly produced and marketed PCBs without providing adequate warnings about their toxicity. Monsanto prioritized profits over public health. The Monroe School District and Snohomish Health District failed to ensure a safe learning environment. They neglected to remove hazardous materials and ignored complaints from teachers and parents. The Plaintiffs argued that the Defendants breached their duty of care. They knowingly allowed prolonged exposure to toxic chemicals. Through this PCB contamination lawsuit, the Plaintiffs sought compensation for medical expenses, lost wages, emotional distress, and punitive damages. They aimed to hold the Defendants accountable and prevent similar incidents in the future.

Defense

The Defendants, including Monsanto Company, the Monroe School District, and the Snohomish Health District, denied liability for the Plaintiffs’ injuries and damages. Monsanto argued it complied with industry standards during PCB production and claimed third parties mishandled or failed to properly dispose of PCB-containing materials. Monsanto also challenged the causal link between PCB exposure and the Plaintiffs’ medical conditions, suggesting other environmental or genetic factors as potential causes.

The Monroe School District claimed it lacked knowledge of the full extent of PCB contamination and argued that it acted reasonably when addressing reported concerns. The District emphasized that it relied on expert guidance and maintained it had taken steps to ensure safety within its financial and operational constraints.

The Snohomish Health District defended its limited role, stating it provided recommendations and monitoring but was not responsible for enforcement or remediation of PCB issues. It argued that the Monroe School District bore primary responsibility for addressing contamination and ensuring safe facilities.

All Defendants disputed the severity and causation of the Plaintiffs’ injuries, claiming that the PCB levels detected were insufficient to cause the alleged harm. They argued that the symptoms reported by Plaintiffs could result from common illnesses or unrelated environmental factors. Additionally, the Defendants contended that the damages claimed were excessive and unsupported by evidence.

The defense sought to reduce or dismiss liability by questioning causation, emphasizing reasonable actions, and attributing responsibility to other parties or external circumstances.

Jury Verdict

On January 14, 2024, the jury awarded $25 million in compensatory damages to four Plaintiffs. These Plaintiffs proved that Monsanto’s PCBs caused their medical expenses, emotional distress, and other losses. The jury also imposed $75 million in punitive damages against Monsanto. The jury determined that Monsanto acted with reckless disregard for public safety. They found that the company knowingly produced and promoted toxic chemicals without adequate warnings.

However, the jury found in favor of Monsanto for 11 other Plaintiffs. They ruled that these Plaintiffs did not provide sufficient evidence. The Plaintiffs failed to prove that PCB exposure caused their alleged injuries.

Court Documents:

Documents are available for purchase upon request at jurimatic@exlitem.com