Facts

Five hundred plaintiffs lived near an industrial facility operated by defendant, Aerojet General Corp. since the 1960s. They all brought suit in a toxic tort action. By the time of trial, 485 had been dismissed due to pretrial motions and Aerojet had settled with five. At trial, there were three plaintiffs who were suing on behalf of the decedents, two who were suing on behalf of themselves and a decedent, and five who were suing on behalf of themselves.

PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that the defendants discharged NDMA, a potential cancer-causing product of liquid rocket fuel; trichloroethylene (TCE), an industrial solvent that, in large doses, has been linked to various diseases; and ammonium perchlorate, a component of solid rocket propellant which, in large doses, is known to affect thyroid function, into open-unlined pits. The plaintiffs alleged that this improper disposal of such hazardous materials allowed contaminants to seep into the soil and affect the municipal water supply. The plaintiffs claimed that their exposure to toxic chemicals in the water was a substantial factor in causing the development of thyroid disease, thyroid cancer, cell histiocytosis, and breast cancer for the surviving plaintiffs, and causing the deaths of other plaintiffs from lung cancer and lymphoma.

DEFENDANTS' CONTENTIONS:
The defendants contended that they had complied with all applicable regulations and common and accepted practices in disposing of hazardous waste. They claimed that the chemical doses at issue could not have caused and did not cause plaintiffs’ injuries. The defendants claimed that three of the decedents were comparatively negligent in contributing to the development of their cancer because they were smokers and drinkers. They denied the existence of a link between the chemicals at issue and breast cancer or Langerhans cell histiocytosis.

Settlement Discussions

The plaintiffs demanded $7 million; the defendant offered $2,200,000.

Injuries

Two plaintiffs have Hashimoto’s thyroiditis, and one contracted Langerhans cell histiocytosis. One developed thyroid cancer and underwent multiple surgeries, which caused a partial loss of voice but did not remove all of the cancer. One developed breast cancer, which she survived. Three decedents died of lymphoma, one died of lung cancer. One plaintiff sought damages for emotional distress caused by his fear of developing cancer.

Result

The jury found that Cordova Chemical Company was not negligent. As respects to Aerojet, the jury entered a defense verdict with respect to four plaintiffs. The remaining plaintiffs were awarded damages of $14,953,733 against Aerojet, which, after consideration of contributory negligence was reduced to $13,378,733. After considering various potential post-trial motions as well as an upcoming punitive damages phase, the parties settled for a confidential amount.

Deliberation

six days

Poll

12-0 (liability on Aerojet); 12-0 (no liability on Cordova Chemical Company)

Length

10 weeks