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Re: Jury Awards Butter-Flavor Worker $20M
I am not sure what is meant by "similarities faced by the nuclear industry." Diacetyl should most certainly be handled either in a hood or by someone wearing a respirator, if a large quantity is handled and/or exposure is every day for 8 hours or so ("the dose makes the poison"). Cases of industries cutting corners at the expense of worker exposure are legion, but it seems to me that NRC oversight has made the nuclear industry much better in this respect than many industries. I am appalled that the flavoring oil factory did not require respirators until 2001. OSHA was enacted in 1970.
ruth
In a message dated 3/16/2004 10:28:29 AM Eastern Standard Time, "Sandy Perle" <sandyfl@EARTHLINK.NET> writes:
>I am posting the following, due to the significant similarities faced
>in the nuclear industry today. The root causes (jury believed in)
>are:
>
>1. Workers not informed
>2. Management knew risks
>3. Management took no steps to minimize risk to worker health, to
>save $$ (inadequate ventilation and respiratory protection)
>--------------------
>
>Jury Awards Butter-Flavor Worker $20M
>
>JOPLIN, Mo. - (AP) Eric Peoples cradled his wife and wept after a
>jury agreed that vapors from butter flavoring at the microwave
>popcorn factory where he once worked had permanently ruined his
>lungs.
>
>Peoples said his tears didn't only come out of satisfaction with the
>$20 million verdict. He also was thinking of the 29 other former
>workers at the Gilster-Mary Lee plant in Jasper who have cases
>pending against the same butter-flavoring manufacturers.
>
>"The burden of proof is now on their shoulders," Peoples said.
>
>Jurors deliberated for a little more than three hours before
>returning the verdict Monday against International Flavors and
>Fragrances Inc. and its subsidiary Bush Boake Allen Inc. The
>flavoring manufacturers were ordered to pay $18 million to Peoples
>and $2 million to his wife, Cassandra.
>
>Eric Peoples, 32, and the other former factory workers are suffering
>from damaged airways and breathing problems. They contend that the
>two manufacturers knew their butter flavoring was hazardous but
>failed to warn them of the dangers or provide adequate safety
>instructions.
>
>The National Institute of Occupational Safety and Health also has
>linked exposure to vapors from butter flavoring to lung disease in
>popcorn factory workers in Illinois, Iowa and Nebraska.
>
>Health officials insist people who microwave popcorn and eat it are
>not in danger, although the Environmental Protection Agency (news -
>web sites) is studying the chemicals released into the air when a bag
>of microwave popcorn is popped.
>
>Peoples, of Carthage, was selected to have his case heard first
>because he is among the sickest of the Gilster-Mary Lee workers.
>Trial testimony showed that if his health remains stable, he could
>wait at least 10 years for a needed double-lung transplant.
>
>Life expectancy is about 10 years for lung transplant recipients.
>
>"Eric feels like he's in prison," his attorney, Ken McClain, told
>jurors in closing arguments. "He's going to eventually go through the
>physical pain of a lung transplant, knowing that he's going back to
>prison again because he'll eventually get lung disease again."
>
>Appearing Tuesday on the "The Early Show" on CBS, Peoples said he had
>been working at the plant about a year when he began to experience
>what he first throught were cold or flu symptoms.
>
>"We tried to treat it with over-the-counter medications and nothing
>seemed to work," he said. He said he finally went to a hospital
>emergency room in late 1998 "and it just went from there."
>
>McClain said the next trial is set for April 20 in Joplin. He also
>has cases pending in Illinois and Iowa.
>
>"I want to keep the pressure up and get these cases done as soon as
>we can," McClain said.
>
>Attorneys for the manufacturers left the courthouse without speaking
>to reporters.
>
>During their closing arguments, they told jurors their product is
>safe when handled properly. Information sent to popcorn plant
>officials warned the flavoring should be mixed in a well-ventilated
>area and a respirator should be worn when heating it.
>
>"We know beyond a shadow of doubt that if you use basic hygiene
>practices, you don't have a problem in this plant," said attorney
>Mike Patton, who represents New York-based International Flavors and
>Fragrances.
>
>Gilster-Mary Lee, which was not named in the suit, remodeled the
>plant and ordered workers to wear respirators after government
>investigators in 2001 linked a chemical in the butter flavoring,
>diacetyl, to the workers' illnesses. The southwest Missouri plant
>still uses the same butter flavoring, but there have been no reports
>of illness since changes were implemented, Patton said.
>
>------------------------------------
>Sandy Perle
>Vice President, Technical Operations
>Global Dosimetry Solutions, Inc.
>3300 Hyland Avenue
>Costa Mesa, CA 92626
>
>Tel:(714) 545-0100 / (800) 548-5100 Extension 2306
>Fax:(714) 668-3149
>
>E-Mail: sperle@globaldosimetry.com
>E-Mail: sandyfl@earthlink.net
>
>Personal Website: http://sandy-travels.com/
>Global Dosimetry Website: http://www.globaldosimetry.com/
>
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--
Ruth F. Weiner
ruthweiner@aol.com
505-856-5011
(o)505-284-8406
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