Document aJVpV5ayB8vMe64OvGRONqnzR
3/20/78
FYh J>.i Ji./Ptohr'-
y.D. Wood
E. Mollica
FKOMi R. A. I shore
Martli 20, 1078
CHEMICAL MAltKETING ItlH'OItTKH
mar 21 ms
Japanese Pair Held
liable in PCB Suit:
$25.3 MM Damages
Kuncgnfuchl Chemical Industry
Company has boon found liable in a
polychlorinated biphenyls poisoning
tull brought by 729 patients or their
survivors InWestcrnlJapan.The Fuku
oka District Court has ordered Kane-
gafuchl Chemical and co-defendant
Kancml Warehouse Company to pay
$25,3 million In damages. The compensation ranges from about
$4,000 to about $70,000 per plaintiff depend- . lug on severity of symptoms. Plaintiffs
have asked a total of $48.2 million In dam ages. The Japanese government and the
City of Kltakyushu, also defendants In (he Bull, were not held liable.
KancpU Warehouse, an edible oils pro
ducer, was linked. In 19C8 to an outbreak earlier ttiat year In Japan of ``Yusho dls`
case"- a sometimes falsi syndrome in volving pustular skin eruptions, pigments-
lion changes, anemia and foetal distur bances. Kyushu University researchers
traced the outbreak back to PCB-eontamlnMcd.rlcc-bran oil processed by Kancml
Warehouse.
1
Kanegsfuehl Chemical supplied Kancml
with I'Cll, which wax used as a heat ex
change medium. The cooking oil contami
nation occurred when PCIi leaked Into the
oil through piping cracks during ptoccss-
big.
Kanegsfuehl Chemical and Kancmi were found negligent tn an earlier I'CH suit in the same court (CMH 10/17/77 pg. 4). That
decision awarded forty-six patients a total
' of $2.0 million. As In the suit Just concluded.
Kancgafuchl Chemical had argued Hint It wax not Noble for the consequences of mal
functioning equipment in a customer's plant.
Kancml argued that Kancgafuchl Chem ical failed to Inform uxors properly about
PCH toxicity. The court agreed with the Kancml assertion In both rulings, and Ka-
ncgafurhl Chemical Has appealed both to the Fukuoka High Court. I'Clt production,
meanwhile, has been banned In Japan since
|$7$. . / -
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lire suit Just decided also named as de
fendants the Japanese government and Kl-
lakyushu City, where Kancml Warehouse lx
located, since these authorities are respon
sible for (he safety of processed foods.
. But Fukuoka District Court held that the
relevant laws leave to government discre
tion the nature of safety checks to be car
ried out, and that the authorities did nut Ig
nore their responsibility unreasonably.
In addition to two suits, litigation
brought by 155 oilier I'Cll poisoning pa-
.lienl.s Is still pending In Fukuoka District
Court, while another civil suit is pending In
Hiroshima prefecture. (More than 1000 Jap
anese have received government designs
(loti as I'C'H victims.)
The Fukuoka District Court has also
completed hearings In a criminal case
brought against officers of Kancml Ware
house Company on the complaint of a group
of I'CH patients In 1908.' A ruling Is expect
ed later this month.
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HONS 00035?