A lot of media attention today and almost all totaly misrepresented Judge Borrello's ruling on Dow Chemical's motion for summary dispostion in the Henry v. The Dow Chemical Company lawsuit.  To read or watch these stories would give the reader/viewer the impression that Dow won and the flood plain victims lost.   Nothing could be further from the truth.  Here are the  facts:

August 20, 2003

For immediate release—

JUDGE ALLOWS MEDICAL MONITORING TO PROCEED AGAINST DOW

Yesterday, the Honarable Leopold P. Borrello issued his ruling on Dow Chemical’s motion for summary disposition in Henry v. The Dow Chemical Company. This landmark toxic tort class action seeks property damages and the establishment of a medical monitoring trust fund because of years of dioxin pollution by Dow in the Tittabawassee River flood plain downstream of Dow’s World Headquarters. 180 plaintiffs have brought this class action, which is pending in the Circuit Court of Saginaw County, Michigan.

By virtue of Judge Borrello’s order, the plaintiffs, property owners and residents of the Tittabawassee flood plain, may proceed on their property damage theories of nuisance, public nuisance, and negligence. In denying Dow’s motion for summary disposition as to the medical monitoring claim, Judge Borrello is allowing the plaintiffs to proceed on that theory as well despite significant objections by Dow. Dow was successful in striking two of plaintiffs’ property damage legal theories, but plaintiffs’ ability to seek full compensation for the lost value of their property remains unaffected.

"Overall, this was a huge victory for the plaintiffs and a big loss for Dow," said Jan Helder, the Kansas City-based lawyer representing the plaintiffs. "Dow spent most of its time and effort fighting the medical monitoring claim and lost. Dow did win some minor technical issues, but since Dow did not even attempt to attack our principal claims for lost property value, those claims remain in tact. In the final analysis, the plaintiffs may still seek the lost value for their real estate, a medical monitoring trust fund, and all damages allowed under Michigan law."

Any further inquires may be directed to Jan Helder at (816) 714-7111, (800) 714-0360, or by email at helder@shslitigation.com