The judgment was rare in that few plaintiffs are successful in such cases. Of 15 other Dursban cases in the country this year, 14 were dismissed and one was awarded $1,000, according to U.S. News and World Report.

"The jury made a causal connection," said Paul Leonard, one of the attorneys for the Swifts. "They made it abundantly clear that they considered pesticides to be the cause of their conditions."

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Subject:   Jury Rules for Couple in Chemical Spill Case--------
 Date:       Wed, 08 Dec 1999 10:05:39 -0500
From:     Stephen Tvedten <steve@getipm.com>
Organization:     Get Set Inc. (www.getipm.com)
To:     Lyndon Hawkins <hawkins@empm.cdpr.ca.gov>

 

Lyndon, I thought you might like to read an article that Ron Atkins sent me this morning from The Dayton Daily News in Dayton, Ohio.

Jury rules for couple in chemical spill case - Pest Control Company Let 10 Gallons Flow Into Family's Basement.  By Dale Dempsey, Dayton Daily News, Wednesday, December 8, 1999.

DAYTON--A Centerville couple's victory in a civil trial over a chemical spill in their home comes as the U.S. EPA is under increasing pressure to better regulate the type of pesticides used routinely in homes across the  country.

A Montgomery County Common Pleas Court jury on Monday found that Allied Pest Control, 1424 Stanley Ave., was negligent in its handling of the pesticide, Dursban, and awarded Fran and Frank Swift, $50,000 in damages.

The judgment was rare in that few plaintiffs are successful in such cases. Of 15 other Dursban cases in the country this year, 14 were dismissed and one was awarded $1,000, according to U.S. News and World Report.

"The jury made a causal connection," said Paul Leonard, one of the attorneys for the Swifts. "They made it abundantly clear that they considered pesticides to be the cause of their conditions."

Allied workers accidently dumped 10 gallons of Dursban in the Swift's basement in 1995, leading to what the couple said was a nightmare of medical problems. The Swifts had hired Allied to treat a termite problem.

Tom Intili, attorney for Allied, said the company thought the verdict was fair.

"Certainly accidents like this are sobering for any company," he said.

Environmentalists say accidents like this show how pesticides, handled incorrectly, can turn a house into an environmental time bomb.

Dursban, manufactured by Dow Chemical, is one of a class of pesticides called organophosphates. The active ingredient is chlorpyrifos, which was developed in Germany before World War II as a nerve gas. It came on the market in the mid-1960s, just as DDT and other pesticides were being banned.

Chlorpyrifos is found in all manner of household and garden products. It is widely used in offices, schools, homes and gardens. Dow steadfastly maintains that Dursban is safe when used according to directions.

However, the U.S. Environmental Protection Agency has recently said that chlorpyrifos can cause adverse health effects in humans, especially in children under the age of 6. The agency has discovered 7,000 cases nationally of chlorpyrifos poisoning.

Environmental groups have called for Dursban to be banned.

"The debate is what the EPA does now," said Todd Hettenbach, pesticide policy analyst for the Environmental Working Group in Washington, D.C. "This is the number one pesticide in the country."

The active ingredient in Dursban is so prevalent that when EPA conducted a 1994 study of 1,000 Americans it found chlorphyrifos residue in the bodies of 87 percent. According to the EPA, toxic reactions to pesticides are most likely to occur when they are applied inside the home, particularly in areas where there is little ventilation.

The Swifts found that out April 7, 1995. When Allied Pest Control workers drilled holes in the wall outside the Swifts' kitchen that day, 10 gallons of Dursban ran down the wall and soaked a basement carpet.

At the trial, lawyers for Allied did not dispute that the spill was a misapplication of Dursban.

Fran Swift called poison control and was told to ventilate the room.

In the next few days after the spill, both Swifts said they started to experience symptoms such as memory loss, chronic fatigue, difficulty with long-term concentration, and headaches.

"We had 11 symptoms that were identical for both of us," Frank said.

Fran also developed Bell's Palsy, which paralyzed the left side of her face.

The first physicians she saw said the palsy was due to her diabetes, but Fran was convinced the problems were because of her exposure to Dursban.

Dr. Grace Ziem of Baltimore, who testified by videotape during the six-day trial, agreed that Fran Swift's symptoms were consistent with chlorpyrifos poisoning.

The Swifts say the $50,000 jury award isn't enough to compensate them for their medical problems, and they are considering appealing.

"This is all about taking responsibility," Fran Swift said.

The couple has 24 grandchildren, who are no longer allowed in the basement, she said. She said she also had to quit her job as a real estate agent as a result of her condition.

"It damaged my mother forever," said Dr. Vincent Martin, who testified at the trial. "I am very proud of her. She stood up."

Contact Dale Dempsey at 225-2270 or e-mail him at dale_dempsey@coxohio.com

Well, Lyndon how many people have been, are being and/or will be poisoned by your "registered" termiticide poisons?  OnlyG-d knows.  But, only you know when it will be "legal" to use safe (unregistered) alternatives that not only effectivelycontrol the pests, but, truly protect the people, property and the environment.  How many more people will have to bepoisoned before you decide?   Would you want to personally "live" in an environmental time bomb?  If you do not usevolatile poisons, there are no "accidents" and/or "residue" problems to cause contamination and health problems.

Respectfully,  Stephen L. Tvedten