Wild, Wasted West Virginia

A bit of a Sunday Long Read on Saturday, but an excellent story nonetheless from HuffPo's Mariah Blake on what DuPont has done to the town of Parkersburg, West Virginia, and it isn't a pretty sight. People like Joe and Darlene Kiger have been fighting the chemical plant giant for decades over health issues and birth defects that DuPont's factory in Parkersburg created, and despite winning a lawsuit against the company, the cleanup may never actually happen.

When I met Joe and Darlene Kiger this summer, Joe was carrying the bulging satchel of C8 papers that he refers to as his “Bible.” He takes it everywhere, even on family vacations. Because, despite winning a historic lawsuit against formidable odds, the fight is far from over. These days, Joe is pouring his energies into a new organization, Keep Your Promises, which aims to ensure that DuPont fulfills its obligations to the local community. It is proving to be a daunting mission.

Under the class-action settlement, DuPont was required to pay for a medical monitoring program to regularly screen locals for the conditions that the science panel linked to C8. The plaintiff’s attorneys wanted Brookmar to administer this program. Instead, DuPont maneuvered to have it run by Michael Rozen, then a partner at the New York law firm Feinberg Rozen, which administered the fund to settle claims arising from BP’s Deepwater Horizon oil spill. Multiple Gulf Coast residents have sued Feinberg Rozen, accusing it of delaying payment for as long as possible and then offering financially desperate claimants a fraction of the money they were entitled to. 

Kiger and others believe that Rozen is deploying a similar strategy in his work for DuPont. Rozen kicked off the monitoring program with two town hall meetings at 8 a.m. and 1 p.m. on a Friday, when many people in this blue-collar community were working. Residents also say that enrollment packets are unnecessarily complicated, and that people who do manage to enroll are sometimes billed for testing that DuPont is supposed to cover. So far, few people have taken part. As of January 2015, DuPont had paid Feinberg Rozen about $9 million to administer the program, but only $50,000 had been spent on medical claims. 

Brooks believes DuPont wants the program to fail. “They poisoned the world,” he says. “A successful medical monitoring program would give us much better data on the links between this chemical and various diseases, and DuPont would have so much liability that it couldn’t possibly compensate everyone.” 

Rozen bristles at these allegations, and says that he has done his best to encourage participation. He also stresses that some of the plaintiffs have died or moved away in the decade since the settlement was reached. “The benefit that is being provided to the class is exactly what was prescribed and then some, by the parties themselves in their negotiated settlement,” he told me. 

Meanwhile, this past July, DuPont spun off its specialty chemicals division into a separate company called Chemours. The new enterprise will assume the liability for DuPont’s most polluted sites, including Washington Works—but it will only have one-quarter of DuPont’s revenue. Many people with cases pending against DuPont worry that it will use this arrangement to avoid paying damages or, at the very least, stall any resulting payouts. “I’m sure part of their theory is the longer they delay, the more people will die,” said Deitzler, the Parkersburg-based lawyer. “It’s already worked. Before we could even file cases, many of the people who’ve been affected passed on.”

And DuPont is basically going to get away with it.  Parkersburg is still a toxic mess.  And the people whose lives were ruined will almost certainly never see justice.