Patrick Aufiero

Was 'A Civil Action' a True Story? Lawsuit on Toxic Contamination - Personal Injury Lawyer (1996)

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• published: 31 May 2014
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A Civil Action is a 1996 work of non-fiction by Jonathan Harr about a water contamination case in Woburn, Massachusetts, in the 1980s. The book became a best-seller and won the National Book Critics Circle Award for nonfiction. About the book: https://www.amazon.com/gp/product/0679772677/ref=as_li_tl?ie=UTF8&camp;=1789&creative;=9325&creativeASIN;=0679772677&linkCode;=as2&tag;=tra0c7-20&linkId;=46d2b69ac6da3486e8d8183e87536cae The case is Anderson v. Cryovac. The first reported decision in the case is at 96 F.R.D. 431 (denial of defendants' motion to dismiss). A film by the same name was based on the book that was produced in 1998, starring John Travolta as Jan Schlichtmann and Robert Duvall as Jerome Facher. After finding that her child is diagnosed with leukemia, Anne Anderson notices a high incidence of leukemia, a relatively rare disease, in her city. Eventually she gathers other families and seeks a lawyer, Jan Schlichtmann, to consider their options. Schlichtmann originally decides not to take the case due to both the lack of evidence and a clear defendant. Later picking up the case, Schlichtmann finds evidence suggesting trichloroethylene (TCE) contamination of the town's water supply by Riley Tannery, a subsidiary of Beatrice Foods; a chemical company, W. R. Grace; and another company named Unifirst. In the course of the lawsuit Schlichtmann gets other attorneys to assist him. He spends lavishly as he had in his prior lawsuits, but the length of the discovery process and trial stretch all of their assets to their limit. Though Unifirst settles for a little over $1 million, the money immediately is invested in the case against Grace and Beatrice. The plaintiffs' case against Grace is far stronger for two reasons: (1) Schlichtmann has personal testimony of a former employee of Grace who had witnessed dumping, and (2) a river between Beatrice's tannery and the contaminated wells make their contribution to the contamination less plausible. The jury finds Beatrice not liable. Though Schlichtmann's firm anticipates a much higher settlement, the dire state of its finances forces it to accept settlement from W.R. Grace for $8 million. Schlichtmann disburses the settlement to the families, excluding expenses and attorney's fees (which resulted in approx. $375,000 per family). When some families think Schlichtmann had overbilled expenses, he acquiesces and surrenders more of his fee. Schlichtmann later files for bankruptcy after losing his condo and car; he lives in his office for a time. Schlichtmann eventually practices environmental, civil, and personal injury law. A report from the Environmental Protection Agency (which later filed its own lawsuits against the companies based on new evidence) concludes that both companies had contaminated the wells from sludge removed from the site. In 1988, Schlichtmann attempts to reraise the case against Beatrice, but the judge dismisses the case, citing testimony from Beatrice's soil chemist. However, due to the lawsuits brought forward by the Environmental Protection Agency, W.R. Grace and Beatrice Foods are eventually forced to pay for the largest chemical clean up in the history of the Northeastern United States, which cost about $64 million. Judge Skinner, Walter J Afflicted families plaintiffs in lawsuit Anderson, Anne & Charles -- son Jimmy (leukemia victim) Aufiero, Richard & Lauren -- son Jarrod (leukemia victim) Gamache, Roland (leukemia victim) Kane, Kevin & Patricia -- son Kevin Jr. (leukemia victim) Nagle -- son (leukemia victim) Robbins, Donna & Carl -- son Carl III (Robbie) (leukemia victim) Toomey, Richard & Mary -- son Patrick (leukemia victim) Zona, Joan -- son Michael (leukemia victim) Attorneys for plaintiffs Conway, Kevin -- worked for Mulligan & Reed, with Jan Schlichtmann Mulligan, Joe -- originally took case, passed it to Schlichtmann who was working for M&R; at the time. Roisman, Anthony -- rep. of Trial Lawyers for Public Justice, put funds into case Schlichtmann, Jan -- picked up case at M&R;, did most of work Nesson, Charlie -- Harvard Law professor who worked with them on case, gave advice regarding legal theories, etc. Attorneys for defendants Cheeseman, William: for Grace. Senior partner at Foley, Hoag, & Eliot. Facher, Jerome (May, 1982): for Beatrice. Chair of litigation at Hale and Dorr. Part-time professor at Harvard Law School. Jacobs, Neil: for Beatrice. Associate at Hale and Dorr. Keating, Michael: for Grace Jury members Harriet Clark: church organist, late forties Jean Coulsey: warehouse worker, grandmother Robert Fox: self-employed house painter, around thirty Linda Kaplan: insurance company clerk, young & single O'Rourke, Vincent: ailing postal worker, late fifties Vogel, William: jury foreman, phone company supervisor, early sixties http://en.wikipedia.org/wiki/A_Civil_Action photo by Alan Light [CC-BY-2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons