GEORGETOWN, S.C. — So far, more than 200 local people claiming illnesses, death and property damages have asked to be part of a pollution lawsuit filed against the paper company.
The federal case, filed in Charleston, now includes another filing of a mass torte, said Ryan Heiskell, an attorney for the Bell Legal Group.
Those who have asked to be part of the case include former employees, cancer patients and others who want to sue for people who have already died, Heiskell said.
In a recent response to the lawsuit, attorneys for International Paper asked that the lawsuit be thrown out.
“The Plaintiffs’ claims for public nuisance, wantonness, negligence per se, ultra-hazardous activity, fraudulent suppression, and unjust enrichment are fatally flawed under South Carolina law, and should therefore be dismissed with prejudice,” according to documents filed by International Paper in federal court.
Attorneys for International Paper could not immediately be reached for comment.
The original lawsuit, filed in August, said International Paper Co. intentionally polluted the air, land and water around Georgetown, and covered up the problem.
The environmental action was filed on behalf of the citizens of Georgetown, according to the Bell Legal Firm.
“IP, a pulp and paper manufacturing company located in Georgetown, has continuously, and for years, released hazardous substances and toxic waste into the air, land and water, which have caused serious health effects on both humans and animals,” the lawsuit states.
The lawsuit further states that IP “knowingly suppressed facts pertaining to the extent of their release, and in doing so, they willfully neglected to inform citizens that their emissions could cause, promote, and accelerate cancer, cause birth defects, and cause other serious, disabling, and life-threatening diseases and health conditions.”
Kim Gill, spokesperson for IP, said she cannot comment on the specifics of pending litigation; however, she will defend the allegations vigorously to uphold the mill’s strong safety and environmental record.
“We operate our mill subject to extensive local, state and federal environmental regulations that are designed to safeguard human health and the environment,” Gill said.
“We have a long-standing commitment to the community to operate our mill in a safe and environmentally responsible manner.”
Various cancers
Most of the people who have asked to join the lawsuit have respiratory illnesses and cancer, Heiskell said.
The most common illnesses seen in the possible plaintiffs are breast cancer, eye cancer and prostrate cancer, said Vanessa Bertka, an employee with the Bell Legal Group.
More people are coming forward, as the lawsuit continues, he said.
The lawsuit is expected to take several years of litigation.
“All of those, we believe we can show that are linked to the dioxins and chemicals coming from international paper,” Heiskell said.
The Bell Legal Group has asked for a jury trial, and will add each plaintiff to the lawsuit in another legal filing, Heiskell said.
Each individual plaintiff could ask for a different settlement, he said.
“Each individual plaintiff will ask for individual damages and what it will take to clean it up,” he said. “It’s just to get the mill to clean it’s act up and to clean up the community.”
By Kelly Marshall Fuller
Kfuller@gtowntimes.com
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