Suit Alleges Toxic Emissions Poisoned Mesa, Arizona Residents
5 April 2000
Suit Alleges Toxic Emissions Poisoned Mesa, Arizona Residents; Airbag Manufacturer TRW Named in Class Action Suit
PHOENIX--April 4, 2000--A class action suit was filed today in Maricopa County Superior Court against TRW Vehicle Safety Systems, Inc., a manufacturer of automobile airbags, alleging that toxic emissions from TRW's plant in Mesa, Ariz., have caused health problems for residents living near the plant, and that TRW concealed information about the potential health risks of its emissions.Claimants in the suit have reported suffering from various ailments, including upper respiratory distress, impairments such as fatigue, sleepiness, confusion, dizziness, memory loss, heart problems, brain lesions, chronic diarrhea, spontaneous miscarriage and various forms of cancer. The suit also alleges animals and plant life have been injured or destroyed through significant exposure to TRW's toxic emissions.
According to the suit, TRW Vehicle Safety Systems violated a number of state laws, including negligence. The suit alleges TRW knowingly engaged in hazardous activity that placed the defendants in unreasonable risk of harm, and that TRW's conduct and activities were gross and wanton in character.
"It's clear that TRW has endangered this community while reaping substantial profits," said plaintiffs attorney Steve Berman of Hagens Berman & Mitchell. "As a result of their blatant misrepresentations, TRW has irrevocably altered people's lives and their livelihoods."
TRW is a complete manufacturer of air bag systems. The propellant used by TRW to rapidly inflate air bags includes the chemical sodium azide, a highly toxic poison that can be ingested, inhaled and even absorbed through the skin. The suit claims that between 1991-99, numerous fires, explosions and releases have occurred at the plant, emitting sodium azide and its derivations into the air, exposing the community to toxic substances.
According to the suit, TRW has and continues to publicly proclaim that the toxic chemical substances emitted from its air bag facility pose no health concern. According to TRW, in fires involving sodium azide, the sodium azide is completely combusted and the only substance released is sodium hydroxide, which is converted to sodium carbonate, a less harmful substance, after contact with the carbon dioxide in the ambient air. The 1997 Arizona Toxic Release Inventory Report lists TRW as the seventh largest releaser of toxic chemicals in the state of Arizona.
Despite TRW's claims, a report conducted for the City of Mesa by CH2M Hill, Inc., an environmental project development firm, concluded that TRW would have no way of knowing to a certainty that all of the "sodium hydroxide is converted to sodium carbonate" every time there is an explosion. Another report published by the National Institute of Occupational Safety and Health confirms that TRW released toxic substances without the ability or willingness to analyze what the exposed levels are.
Plaintiff's requests include the institution of medical monitoring for the claimants, that TRW cease operations that release toxic substances into the air, and that a supervised fund be created to pay for medical screening and monitoring.
Berman is managing partner of Hagens Berman & Mitchell of Phoenix and Hagens Berman. Berman's practice is focused on securities, antitrust, ERISA, and consumer and environmental matters, with a heavy emphasis on class actions. Berman represented 13 states in suits against Big Tobacco, and was one of the prime architects of the groundbreaking Ligget settlement. Other class actions the firm handled include matters involving The Boeing Company, the Exxon Valdez oil spill, Egghead, Nordstrom, Boston Chicken, Noah's Bagels, Louisiana Pacific and Washington Public Power Supply (WPPSS). For more information, visit www.hagens-berman.com
ED NOTE: For copies of the complaint or to arrange interviews with plaintiffs or counsel, contact Mark Firmani at 206/443-9357 or mark@firmani.com