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Posted Thursday January 3, 2008
     
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Group to file claims against IBM today

TCE pollution complaints to be first in series

By Tom Wilber
Press & Sun-Bulletin
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Attorneys representing a group of residents and businesses seeking damages related to TCE pollution plan to file claims against IBM Corp. this morning in State Supreme Court in Binghamton.

The 43-page document, representing 94 plaintiffs, will be the first in a series of complaints collectively representing nearly 1,000 people to be filed in coming months related to pollution from the former microelectronics plant on North Street, attorneys for the plaintiffs said late Wednesday afternoon.

Attorneys are asking to meet with a judge within the next 60 days to develop a schedule for the case, said Philip Johnson, a lawyer with Levene Gouldin & Thompson, a Vestal law firm and part of a legal team that includes five firms from New York, Pennsylvania and New Jersey.

Attorneys would not guess when the case will go to trial, but typically large complicated toxic tort cases can last years and sometimes decades, with the possibility of a settlement anywhere along the way.

Michael Maloney, a spokesman for IBM, said late Wednesday afternoon he could not comment on claims until they were filed.

The claims stem from a subterranean plume of trichloroethylene (TCE) found in 2003 to be creating vapors wafting into homes and buildings near the sprawling North Street plant, now owned by Huron Real Estate Associates. Exposure to the chemical is linked to illnesses ranging from cancer to brain damage, but the amount posing calculable risks is debatable.

The state Department of Health has documented a significant elevation of certain cancers and heart defects in areas affected by pollution south and southwest of the plant. Health officials have been unable to pinpoint a cause for the illnesses.

Claims in the document to be filed this morning include a range of hardships related to the pollution, including illnesses such as heart defects and kidney cancer, property devaluation, loss of business, medical expenses and related monitoring, and hassles of dealing with the pollution and installing systems to vent fumes from under properties.

Because of the size and complexity of the case, attorneys are organizing the plaintiffs into groups representing a cross section of claims, said Gerald Williams, of Williams, Cuker & Berezofsky of Philadelphia, part of the legal team. Claims of the remaining plaintiffs will be filed in six or seven more groups in coming months, he said.

Plaintiffs began negotiating with IBM in 2004 behind closed doors and were optimistic of reaching a settlement. Their expectations were dashed in November when IBM offered $3 million to settle more than $100 million in claims.

Attorneys said Wednesday they are prepared to take the case to trial, even against a company with deep pockets and extensive legal wherewithal like IBM. Plaintiffs' attorneys also cited the possibility of a settlement once the legal process develops.

"We're used to this type of litigation, and we're prepared for it, with all its advantages and disadvantages," Williams said. "We can't really put a fixed time schedule on this. ... It will take as long as it takes."

A time-consuming but crucial aspect of developing and defending the case will involve a process called discovery, which allows each side to gather information. The plaintiffs will pursue IBM records and witnesses to document the history of the pollution and IBM's role. The defendants typically gather exhaustive health histories on people making claims in an effort to prove their illnesses could be caused by other things.

While a conclusion to the case may be in the distant future, the legal process could yield relevant information prior to that, as documents enter the courts through the discovery process, said Stephen G. Schwarz, a lawyer with the Rochester firm of Faraci & Lange, a member of the plaintiff's legal team.

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Well the truth comes out. IBM plans on defending its action of polluting the Village of Endicott and killing hundreds of their employees. One of those people happens to be my cousin, died from cancer in her early 50’s!

IBM has been abusing the environment and their employees for nearly a century and intend on denying it all.

The really sad part here is that local, county, and state elected officials and departments and agencies have looked the other way as this abuse took place.

Tom Libous has done little to protect the citizens of this region from this type of abuse as well as the NYS DOH including the worthless Broome County Health Department Robert “I can’t do anything about it” Denz.

Tom Libous took the opportunity to get on the news for a photo op when the NYSDOH issued their report and he was taking a stand…by sending a letter to them! WOW Tom please do not extend yourself!

Tom is so concerned about this type of environmental issue that when EIT had spilled tens of thousands of TCE into the river and the NYSDEC did not report it to the public Tom took Donna Lupardo’s lead and passed a bill mandating that the DEC has to publicly announce such spills. The bill overwhelmingly passed both houses but was vetoed by the former Governor, Tom never bothered to over ride the veto. THANKS AGAIN TOM!

The plume in Endicott has helped to cripple this region economically and Tom has done little to effectively address this issue; then mocks the Village for needing a loan to stay solvent.

Broome County Health, which is supposed to look out for the health of the community also has done little for the common person. After it was brought to the attention of the public that there was no legal requirement to notify renters or home buyers of the plume BC Health comes to life after the Village passes a local law requiring notification! Where were they before? How many other people are going to become sick? THANKS ROBERT of course we should also thanks Ms Edwards for her outstanding leadership on that issue as well.

Posted by: TIME on Thu Jan 03, 2008 9:52 pm

To my fellow Irishmen who made the comment about the gravy train coming:
It's no gravy train to have cancer or a depreciated home one can't sell!

If corporations would "Do the right thing" and compensate those harmed without going to court, then there would be no need for lawsuits to begin with.

IBM failed to negotiate in good faith out of court as they had promised. Now those who will suffer from endless delays in court are those who were harmed to begin with. It's no wonder big corporations are pushing for tort reform.

If they were good corporate neighbors, This would never have occurred in the first place if chemical tanks and underground tanks were monitored better. Good conservative thinking involves prevention.

IBM officials will be lucky if criminal proceedings don't occur if illegal activities (Dumping/spills) are uncovered in civil proceedings. Look for this to gain national exposure when it does.

Wouldn't be shocked if this doesn't make 48 hours like the Harris trial. Citizens have had enough corporate corruption and welfare. Time to owe up to wrongdoing with some good ol social justice. The cancer study will also demonstrate negligence in the workplace when workers were allowed to be exposure to excessive amounts of chemical fumes. Time to update OSHA standards, improve ventilation in the workplace as well as preventative maint. to fix leaky gaskets and seals on chemical processes, and update machinery they allowed to operate two and three times over manufacturers recommendations. Workers suffered from cancer and other health effects, children of workers suffered from birth defects. Manufacturing plants all over the world need improvement. Enough of the short term profits taking priority over workers health.

IBM cancer-rate study will proceed





NIOSH committed to project despite Bush veto, Hinchey says

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By Tom Wilber
Press & Sun-Bulletin
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After a stop-and-go attempt to fund a $3.2 million study of cancer rates among IBM Endicott employees, a federal agency has committed to move ahead with the project in 2008, U.S. Rep. Maurice D. Hinchey said.

http://www.pressconnects.com/apps/pbcs.dll/article?AID=/20080102/NEWS01/801020326/1001/ARCHIVE

Posted by: jli2533838 on Thu Jan 03, 2008 6:53 pm

This may take many years to settle...at that point after all the lawyer fees and court costs are paid out...who knows what will be left?
In the end a compromise will be reached,and a settlement made......but
it may be for only 3 million......which is what IBM is offering now.
The IBM lawyers will turn this into a very complex and lengthy process.
A jury could deadlock..or maybe a mistrial...someone has to be held accountable for sure....and i applaud the effort..lets hope there is something to be gained from this effort.

Posted by: mikald on Thu Jan 03, 2008 4:13 pm

The gravy train is pulling into town...

Posted by: Irishatheart on Thu Jan 03, 2008 12:52 pm

The sad part is that the list of polluters in the valley is long and distinguished. IBM is getting singled out by the shyster lawyers and their clients for one reason: they are still in business and have deep pockets. Think about the Forging works, EJ, Bates-Troy, Robintech and all of the other users of solvents who dumped it into the ground prior to the dangers being fully known. Now IBM gets to pay the price for being the only one left to sue.

No wonder industry views the Valley as a place hostile to business. We reap what we sow.

Posted by: TheTruthShallSetYouFree on Thu Jan 03, 2008 12:34 pm

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