While denying class action certification for a medical monitoring class and a punitive damage class, the NJ App Div permitted an INTENTIONAL TORT action against the employer to go forward in a common law civil claim.
This case involved exposure to poly vinyl chloride at a Pantasote, a Paterson NJ plant, causing disease toformer workers which is characteristic of Raynaud's phenomenon ( fingers blanch and numbness and discomfort are experienced upon exposure to the cold), changes in the bones at the bones at the end of the fingers [Known as acro-osteolysis (AOL)], joint and muscle pain, and scleroderma-like skin changes (thickening of the skin, deceased elasticity and slight edema).
Inhaled vinyl chloride has been shown to increase the risk of a rare form of liver cancer (angiosarcoma of the liver) in humans. It is classified by the Environmental Protection Agency (EPA) as a Group A, human carcinogen.
Plaintiffs represented by: Jon Gelman (NJ), Ron Simon (DC), Herschel Hobson (TX) and Mark Cuker (PA)
Decision - Buynie v. Airco Co, NJ App Div 2007, Decided August 10, 2007
See related articles:
--Misleading Statements Made By Vinyl Chloride Companies Held Valid Basis for Suit
--Vinyl Chloride Conspiracy Documents: Part 4 (Jun 1974 - Dec 1974)
--Vinyl Chloride Plants in New Jersey