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i. ` (Alameda Co.) . Review (Cir. D. 43,161) (Cir. S. 43,456)
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>HftR 10 1981
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' OAKLAND - Two $100 million lawsuits filed in Alameda-County Superior Court over a PCg.spjjJ last year in Stockton ma"y'SeTh'e tip of a legal iceberg of litigation over the controversial 'substance banned from manufacture but still wide spread in everyday surroundings. PCBs -- polychlorinated
' biphenyls -- were banned from . manufacture two years ago after
evidence proved them to be among . the most dangerous of all toxic ' chemicals.
But after exactly, 50 years of , manufacture, PCBs were virutally l everywhere -- in electrical capaci; tors hanging orr power poles all
around the nation, in color tele-
j vision sets and in industrial prod-
1 ucts ranging from ink to plastic.
Pacific Gas and Electric Co., be cause it was one of the utility's capacitors that exploded and sprayed the yards of two Stockton homes with PCB on March 7, 1980, was named as the lead defendant in the huge suits filed by Oakland attorney Philip H. Knudsen.
But the suits, among the first and - dustrial time bomb as man-made
the largest to date in Alameda products whose manufacture- was
County, - also name Monsanto Co., not suspected -- at least publicly --
the chemical firm that in 1929 in , of causing widepsread human in
troduced PCBs -- a heavy oil-like 1` jury are turning out to be highly
substance used in electrical insulat- dangerous substances with long
. ing.
f .
term effects in the environment.
A third defendant is General
The courts are being asked to
Electric Co. because it manufac- untangle the knotty problem of who
turedTHecapacitor. about 120,000 is ultimately responsible for paying
of which were dangling from the tab when products long in use
Northern California utility poles become identified as dangerous.-
when PG&E announced last year it
Knudsen said in an interview that
was mounting a crash program to PCBs may be the newest front of
replace them all within three years. such voluminous litigation, just like
But perhaps the most significant legal aspect of the embryonic legal battle is the naming of Monsanto, as Knudsen MondayHompared'tlTH~ issues to those that have triggered massive lawsuits against asbestos manufacturers since links were
that plaguing the asbestos manu facturers. Similar issues have been raised in litigation over Dow Chemical Co.'s manufacture-mf-h cenUabmgredient of Agent Orange, the defoliant used extensively by - the U.S. military in Vietnam.
found between that once-revolu-
"It is regally the tip . of the
tionary substance and cancer. .
iceberg," he said. "It is something
Asbestos litigation -- with more than 3.000 multi-million dollar suits .pending nationwide -- has ' been called one of the biggest, if not
that is just beginning. It is very similar to the asbestos cases. These things are everywhere. This stuff is very dangerous." .
the biggest, product liability legal
The Alameda County lawsuits
battle in American history.
stem the explosion of a PG&E ca
It is part of an increasing "in- pacitor in a quiet single-family
home neighborhood in Stockton.
The oily PCB sprayed onto the
lawns of Mr. and Mrs. George
Hamblin and their next door neigh-
'fTors/wlr. and Mrs. Matsami
Matsuo. ..
""FTnucfsen said his clients knew of
no dangers from the oily stuff, but
were surprised when work- crews
started digging up their lawns with
no explanation and Environmental
Protection Agency officials arrived
in "their space costumes," a refer
ence to protective suits.
'
"This thing goes ./off," he said,
"and the next thing they know-there
are people out tearing up their
yards with no explanation, no
apology."
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In the days that followed the
Hamblin's yard, which was most
heavily contaminated, was literally
torn out -- the lawn, their
sprinklers, the water meter and the
contaminated power pole, which
was hauleo to a PG&E laboratory
in San Ramon for study.
The Hamblin's pet Pomeranian,
Gidget, walked through the PCB,
their attorney said, .and died 18
days later.
'
Knudsen said both: the Hamblins
and Matsuo still suffer from
bronchi tis-type disorders, .which he
described as "classic" symptoms of.
exposure-to PCB.
.
' Doctors, he said, are still trying
to determine the long-range effects
of exposure. Research studies going
as far back as 1936 have linked
PCBs to disorders ranging from
still-births to liver cancer.
The dafrgers became more
alarming in the late 1960s when,it.
' was discovered more than 1,000`
residents of a city in J?"3" had
accidentally eaten P :on-
. taminated rice. Over the____five
-years the liver cancer rate shot to
six times normal.
Monsanto, in 1971, voluntarily
halted manufacture with the excep
tion of enclosed electrical compo
nents. Production was totally
banned in 197 as part of a phaseout
started with passage of the Toxic
Substances Control Act of 1976.'
Knudsen said he may soon file
additional lawsuits, one involving
the explosion of a PG&E capacitor
in' Oakland and the other involving
industrial exposure of a now.retired
man who he said may be suffering
long-term effects.
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