Law firm preparing toxic air cases, including property value claims

COBB COUNTY, Ga. — A Metro Atlanta law firm is preparing two sets of cases tied to carcinogenic toxins released by local medical plants, including property devaluation claims.

Dan Chapman and Associates is fielding calls from residents who believe they've suffered from ethylene oxide exposure from the BD Bard plant in Covington and the Sterigenics plant in Cobb County.

The medical sterilization plants have been the center of public scrutiny for weeks, following a WebMD/Georgia Health News investigation. The article revealed the plants have released high levels of the carcinogen for decades, without public knowledge.

The Georgia Environmental Protection Division began working with the companies in 2014 to study and manage the chemical releases, and the Environmental Protection Agency identified census tracts of affected areas in 2018. The information became public knowledge weeks ago, following the report.

[READ MORE: Local sterilization plants released dangerous, cancer-causing toxins, report shows]

The Georgia EPD has maintained the EO levels now meet federal regulations, but the plants have just been approved for state permits lower emissions further, following the public outcry.

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Metro Atlanta law firms have since begun preparations for mass tort and class action suits.

"The cancer cases, absolutely we'll help the people in Covington," said trial attorney Milton Eisenberg.  "Smyrna is a different story."

Eisenberg explained that Dan Chapman and Associates is already a part of ongoing and settled litigation against the Bard plant for unrelated, faulty medical equipment claims.

Because Covington residents' homes have already been devalued by another plant chemical exposure, the focus of upcoming class action claims in Smyrna revolve around real estate.

Eisenberg told Channel 2 investigative reporter Nicole Carr that hopeful sellers within the census tract now have to disclose their proximity to the impacted area.

"Now if you disclose that, how many people are going to want to buy that house?" he asked. "They may decide to go outside that area and buy property."

There could be more serious implications for realtors and sellers in the Smyrna area.

"If you don't fill it (seller disclosure) out properly and you intentionally omit something, you can get sued over that," Eisenberg explained.

The firm has been fielding calls about the issues, providing a link for more information.

Meanwhile, Cobb County leaders said Wednesday that they've come to an agreement for independent air quality control testing around the Sterigenics plant. Until this point, the plants have been self-reporting emissions, adding to public distrust.

Read more about independent testing plans here.

Cox Media Group