GEORGETOWN, S.C. — Delcie Tisdale says she has eye cancer that causes partial blindness, chronic bronchitis and has had a stroke.
The 46-year-old Georgetown resident is now a plaintiff in an ongoing lawsuit against International Paper Co., alleging that the illnesses were brought by pollution from the paper mill.
At least 200 others, some with similar illnesses, have asked to be part of the lawsuit, claiming that they have injuries and property damages that they claim could be caused by pollution from the mill.
IP representatives argue that the plant is operated in a “safe and environmentally responsible manner.”
Tisdale, who grew up on Emanuel Street, said she is now disabled.
She had a stroke while in her 30s and doctors discovered then that her reproductive organs were twisted, she said.
She was told she had eye cancer when she was 8 years old, she said.
“That’s when I started with that,’’ she said of her eye cancer.
She said she decided to join the lawsuit when she heard about the possibility the mill “damaged a lot of people with sickness.”
“My two sisters have diabetes and heart attacks,’’ she said. “My mother and brother have bronchitis.”
The federal case, filed in Charleston, now includes a filing of a mass tort, 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 IP asked for the suit to be dismissed.
“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 IP in federal court.
No decision has been made on whether the request to throw out the lawsuit will be granted.
A spokesman for IP could not immediately be reached for contact Tuesday.
Kim Gill, spokesperson for IP, said earlier this week that 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.”
Other complaints
At a facility arranged to handle the complaints that are being heard about IP, potential plaintiffs talk about their illnesses and their concerns.
“I go to the doctor about every six months,’’ Tisdale said. “I can’t see things clear in this eye.”
She said she finds it hard to get through the day, at times.
Heiskell said there is no limit to the number of people who can join the mass tort.
He believes the case, which could take years to settle, will set a nationwide precedent.
“To my knowledge, no other similar case has been filed against such a large international paper mill company,’’ he said.
He said the Bell Legal Group intends to have the case heard in front of a jury.
It could be more than a year before the trial begins, he said.
“During that time, we’ll be doing discovery,’’ he said. “Each side will be requesting information from the other. We’ll be taking depositions and reviewing International Paper mill’s onsite and offsite testing.”
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.”
Most of the people who have asked to join the lawsuit have respiratory illnesses and others do have eye cancer, Heiskell said.
The most common illnesses seen in the possible plaintiffs are breast cancer, eye cancer and prostate cancer, said Vanessa Bertka, an employee with the Bell Legal Group.
More people are coming forward, as the lawsuit continues, Heiskell said.
The lawsuit is expected to take several years of litigation, he said.
“We have no intention of shutting down the paper mill,’’ he said. “We believe they have technology required to prevent these emissions, but have chosen not to employ those devices in Georgetown. We believe other communities in which IP operates have and do benefit from this newer technology.”
He continued, “There’s nothing we can do to make IP do the right thing except follow through with this lawsuit.”
By Kelly M. Fuller
Kfuller@gtowntimes.com
Seriously : 3/21/2010
“My two sisters have diabetes and heart attacks,’’ Thats called genetics and poor diet. THESE PEOPLE ARE LOOKING FOR A PAY CHECK THAT SHOULD BE GIVEN! WHAT TYPE OF LIFESTYLE DID THIS WOMAN AND THE OTHERS LIVED AND STILL LIVE? I'VE BEEN HERE ALL MY LIFE. I PRACTICE A HEALTHY LIFESTYLE SO WHAT HAPPENED TO ME? Greed gets you no where and this suit should be dropped.
: 3/18/2010
The only one that's going to make any money on this suit is the Bell Law group. However, many employees of IP, and the City of Georgetown will be big losers.
TO THE LAWYERS REPRESENTING IP: : 3/18/2010
Please make sure you get hair samples (or whatever samples you need) from all people with complaints to test for past drug, alcohol, and tobacco use. Complete extensive background checks to see how these people live. Lifestyles, food, exercise, alcohol, drugs, tobacco use, and genetics affects everyone's health. I can name 50 people easily that I know that has had cancer, heart attacks, miscarriages, and other health problems that do not live near a paper mill.
I'm ashamed that the government allows all this suing to go on in the US. Well, most of the politicians are lawyers. (guess that explains why)
I hope and pray that the people suing do not get a penny.
: 3/18/2010
As this case progresses, im sure that the contaminants will be identified. If all is ok
whats everybody worried about?? If proven that
IP is,in fact causing local health problems thru
pollution then they are going to have big problems
because im sure Bell and IP are going to have Impartial experts other than employees testing and testifying! Curious to see what they come up with!
? : 3/18/2010
Times ? please see if you can identify what all these bad things that IP is supposed to be putting in the air and water are. Tks
: 3/18/2010
I have nothing but compassion for anyone with a chronic, long-term illness; you are in my prayers. However, I can’t see how one can blame the paper mill.
First of all, causal links, especially ones looking in individual cases, are almost impossible to prove. As an example, while we all know that smoking causes lung cancer, but, since lung cancer occurs all the time in non-smokers, you can’t definitively say what caused an individual case. (And the same is true with eye cancer, diabetes, heart attacks, bronchitis, etc.) It could just as easily be attributed to automotive pollution or natural occurrences.
Second, while we can discuss endlessly their motivation (good neighbor vs. fear of litigation/ fear of government fines) the fact is, the paper mill obeys the regulations and they have for years. They are not falsifying logs; they are not illegally dumping or pumping materials. Moreover, anyone who’s lived here knows that over the last 20-30 years, the requirements have steadily tightened and IP has continually gotten cleaner.
Now, is IP perfectly clean? Of course not. Do we wish they were? Of course. But the reality is they are a good neighbor. And, as a community, we should welcome and thank our good neighbors, we could use more of them.
: 3/17/2010
They are barking up the wrong tree. The lawsuit needs to be filed against the previous Steel Mill owners. True, many, many years ago (before 1970), IP put out a lot of air pollutants but they have made great strides in containment over the years. All one has to do is look around near Front Street and the buildings that the steel mill ruined to see what kind of effect all the residue would have on one's body and lungs. A survey has been long overdue to see just how many people in Georgetown have died or are dying from lung related issues and or cancer directly related to inhaling Steel Mill pollutants. My family still lives in Georgetown. The ones who have passed on, and there are a lot of them, have all died of cancer related problems.
Native blames papernill : 3/17/2010
Good for these folks suing IP.....it is long overdue and totally justified.
IP has done nothing to improve the neighborhoods that surround the papermill. This mill has spewed toxins for years and IP has always gotten a blank check to do whatever they wanted.
Drive through on of these areas on a cloudy day/hot humid day with an inversion in place....this traps the toxins close to the ground and the stinch is unbearable.
Good luck to these folks....perhaps if IP will not voluntarily clean up the environment then perhpaps the courts will do it for them.
: 3/17/2010
IF that's the case, how come every person in Georgetown is not eaten up with cancer and diseases? I have a feeling that someone is seeing dollar signs, even through that bad eye!
: 3/17/2010
Asthma, bronchitis, cancer, etc existed here long before International. My husband worked there for years and it had no effect on him.
There are many things that cause asthma. lack of exercise, obesity and the list is growing. Why not try eliminating those things before trying eliminate jobs in Georgetown which is growing in unemployment because of a few stupid people who wanted to filch the Steel company through higher wages. Now they have no job at all.
: 3/17/2010
After reading all this....it makes me wonder.I have kids and live in Maryville and grew up here in Maryville.My kids were born with a birth defect.I never smoked or done anything during my pregnancy but they each had a birth defect and none of the birth defects run in either side of the family.My baby has lung problems.Not just that,my mother who has never smoked came down with chronic lung disease and another family member who has never smoked has cancer.Every member just about in my family who has never smoked has died with cancer and lung problems and we all live and has lived near the paper mill all our life.I can't prove or say yes the IP caused these things to each and everyone of us because I have no proof.If I knew for a fact that the IP is the cause then I might would sue but remember....sueing will not cure what has been done.The damage will not be reversed.Money is not the cure,only the good lord above can.Something does need to be done about the IP.The smell is unbearable.It would be nice to wake up one morning smelling fresh air.It is bad when you going over the bridge you got to cut your heater or A/C off and roll the windows up cause of the rotten smell the IP puts out.They should have something done about this.They are and have all these years polluted the town.Thats why a while back in the paper remember the schools have cancer like findings from the IP.That goes to show,yes they are putting toxins out in the air and killing us all.I rather my kids to grow up in a healthy enviroment and if they can't fix this pollution problems at the IP then they should shut the doors.Anyone that tours through here I am sure they never forget what a smelly town they went through.It is a stinking place and could be freshened up if the IP would clean up their act.