High-stakes hearing to debate state law limiting PCB injury claims
By Shannon Kelleher
Lawyers for three teachers in Washington state will face off against attorneys for the former Monsanto company in a key court hearing on Tuesday over alleged PCB-related injuries that could impact similar cases nationwide.
The teachers won a $185 million verdict in 2021 against Monsanto-owner Bayer AG for health problems they said were caused by their exposure to toxic polychlorinated biphenyls (PCBs) in fluorescent lighting in the school where they worked. They alleged Monsanto concealed the dangers of PCBs to elevate company profits.
An appeals court overturned the verdict, then last year the plaintiffs asked the Washington Supreme Court to review the case on three issues, including whether or not a state statute that gives plaintiffs only 12 years to bring product liability claims is constitutional.
Each side will have 30 minutes to argue their positions to Washington Supreme Court panel of justices. The court is also expected to hear competing arguments over whether the plaintiffs should have been able to seek punitive damages and if testimony from a plaintiff’s exposure expert should have been excluded.
More than 200 other teachers, students and family members have sued Bayer alleging brain damage from exposure to PCBs at the same school.
The rest of these cases are “all kind of waiting in the wings behind this appeal,” said Deepak Gupta, an attorney for the plaintiffs with the Gupta Wessler law firm. “If Bayer were to win the statute of repose issue, the rest of the cases from the Washington state school would “just vanish,” he said. “It’s a complete immunity. So, the stakes are really high.”