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." Also: "The early infant mortalityappears significant.Moreover, the higher number of hospital admissions.due todisease of the joints and connective tissueNOTES TO CHAPTER 16 / PP.2 0 1 - 2 0 9 343could be related to fluorine effect." I.J.Selikoff, E.C.Hammond, and S.M.Levin,"Environmental Contaminants and the Health of the People of the St.Regis Reserve,"Fluoride: Medical Survey Findings (Environmental Sciences Laboratory, Mount Sinai Schoolof Medicine of the City University of New York), vol.1, pp.342-343.61."Should notablecorrelations between fluoride exposure and adverse health effects be found in Selikoff'sepidemiological study of Cornwall Island residents, major changes in the way EPA looks atfluoride could result, including its reclassification as hazardous," Science News, vol.118(July 19, 1980), p.43.Chapter i61.The attorneys for the workers, Bruce McMath and Steve Napper of Little Rock,Arkansas, had signed up a hundred of these clients, known as the Beaty cases, for aclaim against Reynolds to be mounted following the first Bareis trial, which isdescribed in the following pages.The former group, which included Alan Williamsand Jerry Jones (interviewed here), had been part of a team that developed achemical process to dispose of the by-product waste of aluminum smelting.(Thewaste is called treated spent potliner and is described in the chapter.)2.Author interview with EPA's Steve Silverman, June 18, 2002.3.Arkansas Business, January 12, 1998, p.23.4.The old Reynolds Troutdale plant, which had injured the Martins, was des-ignated a Superfund site, for example.5.In the months after the Benton trial, Alan Williams would have open-heartand back surgery and lose most of his body hair.6.Author interview, June 24, 2002.7.A Reynolds memo as read in deposition states, "Alcoa expressed some concernthat the actual soluble fluoride content in the kiln discharge is actually more thanrevealed more than revealed by the TCLP.We are aware of this, but TCLP is theprocedure used." Plaintiffs exhibit 173, in George Bareis, et al.vs.Reynolds Metals,Saline County Court, Case 97-703-2.8.In December 1997 the EPA finally reversed course and reclassified the " treated"chemical waste as toxic.It was the first time the agency had taken back a delisting,said Peace.It was far too late, however, for Scotty and Dianne Peebles and theseveral hundred Hurricane Creek workers who had been breathing and handlingthe fluoride waste for years.And it was too late for the local environment, wherethousands of tons of toxic waste had been buried in two mighty landfills.Eventually nearly 225,000 tons of treated potliner waste would be dumped inunlined pits at the Hurricane Creek site, according to the Associated Press,December, 2 1997.9.Following the redesignation in December 1997 of the treated potliner as ahazardous material, new safety and disposal criteria were instituted.10.The verdict, OSHRC Docket No.98-0057, was voided on December 14, 2001 onjurisdiction grounds.344 NOTES TO CHAPTER 16 / PP.210 217u.Kehoe to James MacMillan, medical director, Reynolds Metals, September 20, 1961,Box 63, RAK Collection.12.Nevertheless, as Mullenix described the beagle study to the jury on October 20, 2000,McMath attempted to sneak in some history and context.Hadn't the Reynolds study beendone in the 195os, he asked Mullenix, "in connection with some litigation they had goingat that time?" Johnson was ready." Your Honor, objection," he exclaimed."We ruled onthis in chambers, didn't we?" McMath retreated."I'll withdraw the question," heconceded.13.In the end it seems that McMath's hunch about the jury was correct.Polled after thetrial, a majority sided with Reynolds.The Benton claimants were simply looking foreasy money, according to juror Marilyn Schick."It was a situation where [workers]were exposed to a lot of dust, but as far as the ALROC [the name Reynolds had given tothe treated spent potliner] being toxic to them, I just wasn't convinced that it was," shetold me.But there were some jurors who did lean in favor of the workers against Reynolds."Itwas a big company not caring about some low-class workers," said juror Sue Magness."So what if it cost them some health problems they had to get the job done." She blamesthe "excellent" Reynolds lawyers for portraying the plaintiffs as "sorry" drunks and drugaddicts."They weren't looking at them as people.They were looking at them as justbringing this lawsuit to get a buck.They didn't strike me that way," she added, about theworkers.Magness had wanted a chance to talk with the other jurors and maybe influencethem to rule in favor of the workers, she said."I can be pretty persuasive.Sometimespeople don't pick up on things, and when you bring it up in a jury room and they get tothinking about it, they change their minds," she said.Chapter 171."No deleterious systemic effects have occurred," he added.HR 2341 "A Bill toProtect the Public Health From the Dangers of Fluorination of Water," Hearings Beforethe Committee on Interstate and Foreign Commerce, House of Representatives, 83rdCongress, May 25-27, 1954, p.470.2.Philip R.N.Sutton, Fluoridation: Errors and Omissions in Experimental Trials(Melbourne: Melbourne University Press, 1959); "United Kingdom Mission Report(1953): The Fluoridation of Public Water Supplies in North America as a Means ofControlling Dental Caries" (London: Her Majesty's Stationary Office); World HealthOrganization (1958) Expert Committee on Water Fluoridation, First Report, TechnicalReport Series No.146 (Geneva: World Health Organization); New Zealand Commissionof Inquiry, "The Fluoridation of Public Water Supplies" (Wellington: Government Printer,1 957).3."I accept the whole of the evidence given by Professors Hodge [and others]," JusticeKenny wrote in his ruling verdict, which had the effect of imposing fluoridation onIreland's entire population, a situation that remains to this day.M.Stanley, "Fluoridationof Public Water Supplies in Ireland," NewNOTES TO C H A P T E R 17 / PP.218 219 345Jersey State Dental Soc., vol.37 (1966), p.242, cited in Frank McClure, WaterFluoridation: The Search and the Victory (NIDR, 1970), p.275.4.J.V.Kumar and P.A.Swango, Community Dent.Oral Epidemiol.vol.27, no.3(June 1999), pp.171-180, L.L.Lininger, G.S.Leske, E.L.Green, and V.B.Haley,"Changes in dental fluorosis and dental caries in Newburgh and Kingston, NewYork," Am.J.Public Health, vol.88, no.12 (December 1998), pp.1866-187o.5 [ Pobierz całość w formacie PDF ]