Monsanto Faces Lawsuit Over Alleged Toxic Contamination in Vermont Schools

Kevin Salzman, Esq.
Reporter and Licensed Attorney
Published
September 20, 2023 9:26 AM
Updated
September 21, 2023
Monsanto Faces Lawsuit Over Alleged Toxic Contamination in Vermont Schools

In a legal battle that could have far-reaching implications, Amber Neddo, on behalf of Z.N., C.B., and A.B., has filed a lawsuit against Monsanto Company, Solutia Inc., and Pharmacia LLC. The lawsuit alleges that these companies knowingly produced and distributed toxic substances known as Polychlorinated Biphenyls (PCBs), leading to widespread contamination of public schools in Vermont.

PCBs, commercially manufactured in the United States solely by Monsanto from the 1930s until their ban in 1979, are now recognized as toxic substances with long-lasting effects on human health. Despite this, the lawsuit alleges that Monsanto was aware of the toxic nature of PCBs since the 1930s but actively worked to conceal and misrepresent this information.

"Monsanto is the only commercial manufacturer of PCBs in the United States from the 1930s until the ban in 1979," the complaint reads. "Monsanto knew of the toxic effects of PCBs since the 1930s but actively worked to conceal and misrepresent this information."

According to the lawsuit, the alleged concealment and misrepresentation by Monsanto led to the widespread contamination of Vermont's public schools. This has resulted in high levels of exposure for students and school staff, including the plaintiffs Z.N., C.B., and A.B., who attended or worked at these schools.

The lawsuit seeks to establish a class action for all individuals who attended or worked at a contaminated school in Vermont. The class is defined as "All individuals who attended or worked at a Contaminated School in Vermont."

The legal theories underpinning the lawsuit include tortious conduct, concealment of information, misrepresentation, and manufacturing and distributing a dangerous product. The plaintiffs seek damages in the form of the cost of medical monitoring under Vt. Stat. Ann. tit. 12, § 7202.

This law allows for the recovery of the cost of medical monitoring in cases where a defendant has released a toxic substance into the environment. In this case, the plaintiffs allege that Monsanto's PCBs fit this description.

"PCBs are proven toxic substances with long-lasting effects on human health," the lawsuit states. "Monsanto's PCBs have contaminated Vermont's public schools, leading to high levels of exposure for students and school staff."

The use of PCBs goes far beyond Vermont's public schools. As a result, the outcome of this case could set a precedent for future lawsuits involving Monsanto and the PCBs it manufactured and distributed. However, as this present legal battle unfolds, the spotlight will be on Monsanto and its alleged role in the contamination of Vermont's public schools.

Case number
2:23-cv-00396
Defendant
Monsanto Company; Solutia Inc.
Date Filed
September 14, 2023
Jurisdiction
U.S. District Courts
Court
District of Vermont
State
Vermont
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