Woburn Power Point

7/30/2019 Woburn Power Point

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Jimmy Anderson was diagnosed withleukemia in 1972, when he was 4 yearsold. He died in 1981, when he was 12years old.


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Anne Anderson

"Jimmy was sick for 9 years. So sick that he spent most of his life athome or in the hospital. He taught me courage and gave me the

strength to fight on his behalf."


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Donna Robbins Mary and Richard Toomey

Son Patrick Toomey died of leukemia in1981 when he was 10.

Son RobbieRobbins died ofleukemia in 1981when he was 9.


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1981: Anne Anderson and the otherplaintiffs hired tort lawyer JanSchlichtmann.


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Wells G and H had been found to becontaminated with trichloroethylene andtetrachloroethylene.

The Center for Disease Control confirmed that thechildren in Woburn were coming down withleukemia at a significantly higher rate thanexpected.

EPA confirmed that the aquifer feeding thecontaminated wells were heavily polluted withindustrial solvents.


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Identifying Defendants:

1982: A chemical engineer reviewed the EPA field dataand concluded that that W.R. Grace Co. and Beatrice

Foods were the likely source of contamination. Linking the Leukemia to the Contaminated Water:

1983: A Harvard health study demonstrated that theleukemia was associated with exposure to thecontaminated water.

1983: Plaintiffs retained an immunopathologist whoshowed that exposure to solvents (1) damages cells(making them cancerous) and (2) damages the immunesystem (making it unable to identify and remove cancer).


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The court shall grant summary judgment

if the movant shows that there is nogenuine dispute as to any material factand the movant is entitled to judgmentas a matter of law.


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The jury decides FACTS. The judge decides LAW(and in some cases alsoFACTS).

SUMMARY JUDGMENT is appropriate when the non-moving party cant

show any facts that would change the outcome. The LAW decides it!


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Emotional Distress Claim

Plaintiffs must be able to show that (1)

plaintiffs suffered physical harm (2) that isobjectively manifested and that (3) causedthem emotional distress.


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Emotional Distress Claim

Plaintiffs must be able to show that (1)

plaintiffs suffered physical harm (2) that isobjectively manifested and that (3) causedthem emotional distress.

Green Light: Plaintiffs are free to try to provethis.


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Bystander Emotional Distress (forWitnessing Death of a Family Member)

Plaintiffs must be able to show they (1) werephysically close to the contamination; (2)experienced a dramatic traumatic shockfrom the contamination; (3) are a close

relative of the victim.


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Bystander Emotional Distress (forWitnessing Death of a Family Member)

Plaintiffs must be able to show they (1) werephysically close to the contamination; (2)experienced a dramatic traumatic shockfrom the contamination; (3) are a close

relative of the victim.

Red Light: Plaintiffs wont be given anopportunity to try to prove this.


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Increased Risk of Future Illness

Plaintiffs must be able to show (1) an injury

has already occurred; (2) future seriousillness is reasonably expected to follow fromthe injury.


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Increased Risk of Future Illness

Plaintiffs must be able to show (1) an injury

has already occurred; (2) future seriousillness is reasonably expected to follow fromthe injury.

Red Light: Plaintiffs wont be given anopportunity to try to prove this.


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Emotional Distress Plaintiffs must be able to show that (1) plaintiffs suffered

physical harm (2) that is objectively manifested and that(3) caused them emotional distress (4) as a result ofdefendants negligence.

Wrongful Death Plaintiffs must be able to show that plaintiffs (1) died (2) as

a result of defendants negligence.

Conscious Pain and Suffering

Plaintiffs must be able to show (1) physical or mental

distress suffered from an injury (including shortening of life,depression, and limitations on activity) (2) as a result ofdefendants negligence.

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Woburn Power Point