Wednesday, August 20, 2003

THE SAGINAW NEWS

Chief Saginaw County Circuit Judge Leopold P. Borrello wrote in a five-page opinion he released Tuesday that the residents may include a request for medical screening in their suit.

Dow had asked Borrello to dismiss the request.

Borrello, however, dismissed residents' claims that Dow trespassed on their properties when the dioxins settled on their soil; that Dow is liable for other substances in the soil; and that under state law, residents can't sue for punitive damages.

Dow attorneys had argued that no laws existed that would force Dow to cover the expense of medical testing.

"We're disappointed with that part of the decision because we think there are laws in Michigan on that issue," said Scot Wheeler, a Dow spokesman. "We're confident that portions of the claims are not viable under Michigan law. That will be addressed again."

In March, residents filed suit claiming that dioxin has led to declining property values and threatened their health.

Borrello ruled that Dow could seek a dismissal of the medical monitoring claim in the future, but only after the plaintiffs develop a record of this issue "to be allowed as an item of damage."

In June, plaintiffs attorney Jan P. Helder asked Borrello to grant class-action status to the suit. The number of plaintiffs has reached 225 and could grow to more than 2,000, Helder said.

Borrello has yet to rule on the class-action request.

The plaintiffs contend that dioxin-tainted wastewater from Dow drained for decades into the Tittabawassee River and spilled onto adjoining property during periodic floods. Soil samples taken throughout the floodplain south of Dow's Midland complex two years ago revealed dioxin levels up to 80 times the state level that can trigger a cleanup.

Dow officials have called the suit baseless. The company submitted a response saying there is no proof that excessive dioxin levels exist in the plaintiffs' yards or caused health problems.

Dioxins are highly toxic byproducts of manufacturing and incineration systems and may cause cancer and birth defects.

Residents should not have to pay thousands of dollars for biopsies to determine the extent of dioxin in their bodies, Helder has said, adding that property owners have not yet submitted to such biopsies, but that some suffer from cancer and unexplained skin ailments. t

© 2003 Saginaw News.