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
real cancer : 4/4/2010
How many of you above that are against the lawsuit have ever had cancer?? Well I have and I am a 10 year survivor that lived in Georgetown 40 years of my life.My doctors said that I was one in 450000 to have throat cancer since I never smoked! Do you think it had something to do with "air quality".
Wonder which is more important...LIFE or JOBS.
: 3/28/2010
NEWS FLASH!!! Former Vice Presidential candicate John Edwards to join Bell Law Group. "Johns ability to channel dead children will be an invaluable service to our group and his unique ability to be the first on an accident scene will add considerablitly to our bottom line."
: 3/27/2010
For so long unions have been blamed for the lack of economic development. Can someone please tell me what actions they can point to that our current elected leaders are doing for economic development? They could care less about the lack of jobs in Georgetown. They are doing everything to ensure that no other business will locate here. Would you locate your business here in Georgetown with no support from the elected leaders. They even imported a lawyer, set him up in the historic district of Georgetown, that's known for suing companies and closing them down. Bell should close his practice and start cruising up and down the Intercoastal waterway. Maybe just maybe the people will be able to see through this scheme and stop it dead in its tracks. I support the jobs! Jobs! Jobs! in Georgetown. Lets Ring the Bell.
Re:Reginald Watson : 3/25/2010
Reginald, please do not group me with the locals who have dollar signs in their eyes and greed running through their blood.I stand behind and support you as a soldier and as a committed IP worker.It's a shame that you're thousands of miles away from home, fighting for our freedom and you have to worry about the politics of ignorance.God Bless you and keep you in his care.I thank you wholeheartedly.
As for the people who are jumping on this bandwagon to sue...how many of you eat right,exercise, take your medications properly and see your Dr. regularly?My guess is that you're unemployed,have no intention on looking for a job, and are waiting for the 3rd of the month to collect your state aid that the workers from IP are paying for with their taxes.Put the fried pork chops down,go for a walk, and take account of your own actions for your bad health.What about all the people who aren't sick and have lived here just as long as the rest?Guess their just the lucky ones.Jump on the bandwagon with the other hundred leaches and lazies and when the BIG disbursement comes, the only one sitting big will be Bell.All others can hold up those big $20 checks and cash them at walmart for $3..total for your aches and pains...$17.You get what you deserve.
: 3/24/2010
Wow!! Now only Democrats in Georgetown have Cancer and health issues, or as the last post has said at least 99.99%!! The mill must also cause "Rectal/ Cranial inversion in at least one Republican so far!
: 3/22/2010
Anybody want to take a bet that 99.99% of these 200+ vote democrat.
SGT WATSON : 3/22/2010
THIS UPSETS THESE PEOPLE ARE AFTER MONEY AND GREED!!I AM IN THE US ARMY NG OF SC IN AFGHANISTAN.IP IS MY JOB BACK HOME .IP IS MY LIFE AND GEORGETOWNS.THIS UPSETS ME THAT LOCALS IN SC DO NOT CARE FOR ME AND OTHERS WHO WORK AT IP.I AM SICK OF THESE BLOOD SUCKING ATTORNEYS . GOD BLESS IP AND THE USA.BELL GO SUCK A EGG......
: 3/22/2010
The County Jobless Rate has increased to 15.3%. Does this meet our county goal or are the County officials scared of Bell? Where are the county officials voices when it comes to one man wanting to sue the best asset Georgetown has. Stand back and watch boys. $200,000,000 generated in or around this county a year probably want be missed. Can someone from the County please figure what the Jobless rate % will be after Bell has sued IP and they move there business to a county that would appreciate it.
GET A HOBBY : 3/21/2010
THESE PEOPLE ARE AFTER MONEY AND GREED WILL GET YOU NO WHERE. More than 90% of these people suing more than likely don't have a job, insurance, or any kind of savings to support themselves.
Why : 3/20/2010
As one man stated “International Paper does not need Georgetown County, Georgetown county needs International Paper”. This is a very true statement only in part. Our country needs Georgetown County as our country is crippling one mill at the time. Mr. Bell Google this information. American Paper industries are going over seas and at a rapid pace. The Global recession our country is in has been killing the demand for paper products. Albany, Pineville, and Franklin mills have already shutdown due to this recession. The Georgetown Mill has with stood the test of time; and what makes it even better is that we have done it with a 73 year old mill. We have one of the best safety records in the country and meet all of our environmental regulations. Ask the 1100 people in Franklin Va. or the 500 in Albany Ore. how it feels. You have developed a small group of followers in our town that have there hands out waiting on pay day. Good luck with all that. We are here to stay and will continue to be one of the top safety, environmental, and quality mills in the country. The South American and Asian people are rooting for you Mr. Bell. Keep up the good work and come visit us when there’s nothing here. One last thing; When the wind in Georgetown blows from the West with a slight motion towards the North it should be right in your office door. Any eye cancer or other health issues that we should be aware of. You are a disgrace to our community and you are only in it for the money. God bless American Industry and God Bless the IP Lawyers.
: 3/20/2010
The trouble with lawyers, is that 95% of them give the rest a bad name.
: 3/18/2010
Between the steel mill and the paper mill, the whole area should glow in the dark,,can't drink the water,,eat the fish,,great place to leave our kids!
: 3/18/2010
200 people i think are just the tip of the iceburg,,going to be interesting how this plays out,,
: 3/18/2010
IP has been running for almost 73 years. How many people do you think lived in that area 73 years ago that are still there today? Not very many...IF ANY! So if you reside/work near the mill, it was your choice to be there. If you don't like it, you shouldn't have moved there and you should defintely move out of town. So if you have property damage, that is your own fault. If you have an illness that you think is directly related to the mill, I think that it should be medically proven that it was caused by the mill itself. And still, you aren't entitled to anything. Anyone can just look at the mill and understand that it's probably not surrounded by the healthiet air...so if you're concerned that it may affect you...please leave. Matter fact, just stay around, and the next time you as much as sneeze...make sure you add your name to the list! That way you can be a part of the 200 and the sorry lawyer that is trying to ruin our town. I hope this backfires on you guys. Why don't you just go stand in the welfare line? Maybe my tax money can buy you a new car since the mill messed up your paint job!
: 3/18/2010
If i knew that whatever was streaming out of those stacks and making the river "yellow" on some nights,
were in anyway impairing the health of my kids,i would have to rethink the importance of my job. But thats just me!
: 3/18/2010
What if all this went to a jury trial. And, there was at least one wise juror? And, this one wise juror was not convinced that IP caused any damages? One juror is all IP needs to realize that life ain't always fair and that, as sad as it may be, you can not blame the world for all your troubles. Hey IP, you have some good lawyers? (I guess we'll find out soon enough.)
: 3/17/2010
I just want to start off by saying that I have family that live right down the road from IP, and have for more than 60+ years. Their health is fine. I think Bell has been watching too much Erin Brockovich, and shame on the people that look to suing as an answer!!
: 3/17/2010
Ya'll play nice now. Ed has to finish paying off that YACHT that Santee Cooper bought him and the only place big enough to finish the mortgage is IP. Can't blame the man for trying to make a good life for himself now can we. Oh, I forgot he is trying to help out the sick. You know lead paint in most of the old homes, asbestos kitchen ceilings and a whole host of other things could be causing the same problems but let's go after the big boy. Why not sue the state Ed for allowing the Plant to issue out pollution at legal levels. They would be the obvious culprit.
: 3/17/2010
You know it would be nice if people would be nice and just get off their tails and get a job and quit worrying about milking everyone else dry. IP has some of the best pollution standards of any other paper mill. They exceed OSHA requirements far beyond most other mills. It really makes me sick to see those poor men out there everyday doing their best to provide for their families just for someone to come behind them and want to take it all away. God help everyone of you on that ignorant list because the suffering you will go through will be far more worst for what you will have to live with everyday. Half if not all of your illnesses have nothing remotely connected with IP. It is hard enough that a lot of people in georgetown are without a father, mother, or son because of the mills in georgetown closing and now you simple-minded and lazy people want to take International Paper away. You people need to make sure you bow your heads a little lower tonight when you pray and just hope that GOD can forgive you for tearing this town apart. You can be sure to know that this town won't
: 3/17/2010
The unfortunate thing is people forget the past. How many remember when Hugo hit back in 1989. Who suplied power to the hospital in Georgetown? You already know the answer, International Paper - Georgetown Mill. Maybe we give them credit for the lives saved in 1989 and the many other things the company has done for the community.
The only reason there is a lawsuit is the lawyer. The threat of un-disclosed releases is legalize. Demanding a jury trial is also a threat to get a defendant to settle before trial. All the lawyers have to do is hold out for a settle, and they get their paycheck. One-third of 200 peoples' settlements. In the end, it is the plantiff and the community that loose.
God save us from ourselves.
: 3/17/2010
IP Georgetown has a state issued permit to legally pollute (release emissions). As long as they do not exceed limits set in the permit they have not done anything illegal. The article states that the suit says that IP intentionally polluted the air, land and water around Georgetown. That is true, they have a permit to do so. The case against IP must be based on IP's excessive pollution (above their permit limit), if there is any. Also, the only way to eliminate any pollution from IP Georgetown is to shut the facilty down. Does that make economic sense?
: 3/17/2010
Just like our attorney mayor. Wonder if he gets a cut from Bell since donations were made to his campaign.
: 3/16/2010
These 200+ will share 2/3 of whatever the settlement. The Bell Law firm will get 1/3. You gotta really love lawyers. They're really looking out for you. Really!
200 sue : 3/16/2010
I am glad to see someone step up and enter something against IP as I watched a man suffer for 7 years with asbestosis from working there and he was given less than 20K as a settlement when he wanted to retire or his retirement would be held up. He later suffered such pain and suffering and I am hoping I can join this suit to at least stand up for his rights that were infringed on by IP.
: 3/16/2010
Maybe Ed can sue the pooping gulls and gators. Darn it I can't go any where near water with these critters doing their business. To heck with the IP smells we need to diaper these reckless birds and reptiles.
: 3/16/2010
Got no job? Got no prospects? Got a hangover? Come join us for some easy money. Help us make Gtown an economic nightmire. Sign up to sue IP now!
: 3/16/2010
Unbelievable!!!
very sad : 3/16/2010
When we buy imports and products from foreign companies it's like overfishing a lake. Over time, the fish are gone and the people starve. This suit is like setting off a bomb in the lake. So go ahead you 200 greedy, nearsighted fools and join your ambulance chaser and hold your matches to the fuse. Hope those fish are big enough to last a lifetime!
: 3/15/2010
What would the unemployment rate be without IP?
: 3/15/2010
What if their right??Are you willing to risk your,and more importantly,your familys health?
How could the lawyers possibly win without
solid proof?? What is everyone worried about,,
there is no proof,,,is there??
: 3/15/2010
This guy is too lazy to work for an honest living so he goes around trying to get free money from corporations like International Paper. If the pollution is so bad from I.P. why did he buy the 84 Lumber building which is in I.P.'s backyard and set up office. I think his employees should sue him for putting their lives at risk. I work for International Paper, in the department that controls the stack gases and other emissions, and I have to say that the company has tougher regulations than the state of South Carolina. Anytime there is any emission, even if it is only false readings from equipment, International Paper reports any and all emissions to the state. They have never ever intentionally tried to cover anything up. They are better than that. This mill employees many outdoorsmen who love the environment and wildlife. These individuals would turn the company in for trying to cover up any unlawful conduct. International Paper loves this community and this community, in general, loves International Paper. I.P. is an asset to this community and without it this community will be a ghost town. Its not only the employees involved. There are truck drivers, loggers, vendors, and suppliers. Basically Georgetown's whole tax base. International Paper does not have to have Georgetown. Georgetown has to have International Paper.
Prostrate Cancer? : 3/15/2010
Perhaps the people who have signed on the lawsuit are more prone to have prostrate disease.
: 3/15/2010
This mill was here before I was born.I grew up in Maryville and smelled it since birth.Yes it stinks,you really know when it is gone rain when it smells across the bridge toward maryville.My family and kin have illnesses and I myself had my kids that were born with some birth defect.My sister never smoked and has cancer.My mom never smoked now has lung disease.I stay sick with headaches and lungs hurting when I breath.Does this all mean the paper mill done this to all of us?The smell could be treated,I mean it does get pretty stinking.Really when going over the bridge,roll the windows up and cut the heater or a/c off cause boy it smells.But this is about all thats left in Georgetown,there is no other jobs and so many including my family without a job now.If the mill shuts down boy this town will be what they call a ghost town.But who knows,it may be what is or has caused so many health problems.Maybe thats why we all sick.Who knows?Maybe the entire town needs to sue them.If I knew I had a law suit and they why my family got all these illnesses and born with birth problems,if I knew for a fact then yes I will sue and they can shut down for all I care.Let me flip a coin and think about it,sounds like a token to me.
: 3/15/2010
Ed Bell donated to Scoville campaign, he would never sue the city. What about the discharge being blamed on sea gulls and alligators. How many hang out in the retention pond.
: 3/15/2010
Ed Bell is single handedly destroying the economy of this city..soon we will have no place for people to work if he has his way closing IP. He should be using his talents to help bring in industry not running it off.
: 3/15/2010
Hey while your at it why not sue the city as a co-defendant to IP? After all they allowed the mill to be built here so therefore they are responsible for any effects that decision caused.
: 3/15/2010
So when is Bell gonna sue the City of Georgetown? They KNOWINGLY put a known poisonous chemical into the water supply on a daily basis. Its called flouride..look it up. It is HIGHLY hazardous..even has a skull and crossbones label on it..go look at the bags at the water company. They ever think maybe THAT has something to do with the high cancer and disease rates as well?