The Los Angeles City Council announced last week the payout by Monsanto to settle a lawsuit filed in 2022 over damage from long-banned chemicals called PCBs, which have been linked to serious health issues, including cancer.
According to a report in the Los Angeles Times, council members approved the settlement on Sept. 24 voting 13-0 after a closed session with two council members absent.
Monsanto Knew PCBs Posed Serious Health Risks
In March 2022, then City Attorney Mike Feuer sued Monsanto, which was acquired by German corporation Bayer in 2018. The complaint sought compensation for the expense of past cleanups and for future abatement of polychlorinated biphenyls, commonly known as PCBs.
These toxic chemicals polluted and continue to pollute many Los Angeles waterways including the Dominguez Channel, Ballona Creek, Marina del Rey and Machado Lake, the LA Times reports. In his 2022 complaint, Feuer said that the city has spent millions of dollars and will continue to spend large amounts of money to remedy this serious problem.
From the 1930s through 1977, Montsanto was the only producer of PCBs in the United States, according to the National Library of Medicine. The city’s lawsuit alleged that Monsanto knew that its commercial PCB formulations were highly toxic and result in contamination and human health risks.
The lawsuit also said that instead of informing public officials, Monsanto misled the public, regulators and its own customers about these critical facts.
Monsanto knew as early as 1937 that PCBs produced “systemic toxic effects upon prolonged exposure,” the lawsuit stated. Seattle claimed a $160-million settlement with Monsanto in July over PCBs in the city’s drainage system and rivers.
Los Angeles’ lawsuit said people can be exposed to PCBs by eating contaminated food, breathing tainted air or drinking/swimming in polluted water. In addition, fish caught in contaminated waters can provide an avenue for PCB exposure as well.
Why Are PCBs Harmful?
Polychlorinated biphenyls (PCBs) are a group of synthetic organic chemicals composed of carbon, hydrogen, and chlorine atoms. They were widely used from the 1920s to the 1970s in various industrial and commercial applications due to their chemical stability, insulating properties, and resistance to heat.
PCBs were commonly found in electrical equipment like transformers and capacitors, hydraulic fluids, adhesives, and as additives in paints and plastics. Despite their usefulness, the production of PCBs was banned in many countries, including the U.S., in 1979 due to their harmful environmental and health effects.
First and foremost, PCBs do not easily break down in the environment. They remain in soil, water, and air for long periods, sometimes for decades. PCBs accumulate in the food chain, particularly in fish, animals, and humans, where they are stored in fatty tissues.
This process, known as bioaccumulation, means that PCBs can reach higher concentrations at higher levels of the food chain, posing greater risks to animals and humans.
Here are some of the health risks PCBs pose to humans:
Cancer: PCBs are classified as probable human carcinogens by the Environmental Protection Agency (EPA). Long-term exposure has been linked to cancers of the liver, skin, and other organs.
Harm to the endocrine system: PCBs can interfere with hormone function, affecting growth, reproduction, and immune response. This can lead to developmental problems, particularly in children exposed in utero.
Neurological and developmental effects: Prenatal and early childhood exposure to PCBs has been associated with lower IQ, learning disabilities, and behavioral issues.
Immune system suppression: Exposure to PCBs can weaken the immune system, making individuals more susceptible to infections and diseases.
Due to their persistence and wide-ranging impacts on human health and ecosystems, PCBs remain a significant environmental concern, even decades after their ban. Cleanup and regulation efforts, as they have occurred in Los Angeles, are common steps taken to reduce their presence in the environment.
Toxic Exposure Lawsuits
These are legal actions brought by individuals or groups who have been harmed by exposure to hazardous substances, such as chemicals, pollutants, or toxins. These lawsuits seek to hold companies, employers, or government entities accountable for causing or allowing the exposure, which can lead to serious or even fatal health problems.
Toxic exposure can occur in many ways. Occupational exposure occurs when workers in areas in factories, construction or other jobs are exposed to dangerous chemicals and substances such as asbestos, benzene, pesticides or lead. Long-term exposure to these toxins could lead to cancer and other neurological issues.
Environmental contamination occurs when neighborhoods and communities are exposed to toxins through polluted air, water, or soil. Cases like the Flint, Michigan water crisis, where lead contaminated the drinking supply highlight environmental toxic exposure.
Can Corporations Be Held Liable for Toxic Exposure?
Companies can be held liable if their products contain toxic materials without adequate warning labels or proper safety instructions. A prominent example is the lawsuits against talcum powder manufacturers for selling powder containing asbestos, which thousands of plaintiffs say, have caused ovarian cancer and mesothelioma.
Toxic exposure lawsuits often involve complex scientific evidence and expert testimony, and they can result in significant financial settlements or verdicts.
Compensation for toxic exposure is typically awarded to those who suffer health issues, financial loss, or emotional distress due to exposure to hazardous substances. Victims can pursue damages through lawsuits against responsible parties, such as manufacturers, employers, or property owners. Compensation may include:
Medical expenses: These cover past, current, and future medical bills related to treating conditions caused by toxic exposure, such as cancer, respiratory diseases, or neurological disorders.
Lost income: This provides compensation for income lost due to illness or disability resulting from toxic exposure, as well as potential future earnings if the condition is permanent.
Past and future pain and suffering: Awards damages for physical pain, emotional distress, anxiety, and reduced quality of life caused by the exposure.
Punitive damages: In cases of gross negligence or willful misconduct, courts may award punitive damages to punish the responsible party and deter future misconduct.
These are just some of the damages that can help support victims and their families, and hold companies accountable for unsafe practices. If you or a loved one has suffered the effects of toxic exposure, it is important that you contact an experienced Los Angeles toxic exposure attorney to better understand your legal rights and options.
Source: https://www.latimes.com/california/story/2024-09-24/los-angeles-settles-with-monsanto-for-35-million-to-remove-pcbs-from-waterways
