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NY parents who decide to sue
NY: Harrison schools sued over toxins' effects
Westchester Journal News
Harrison schools sued over toxins' effects
By ALISON BERT
THE JOURNAL NEWS
(Original publication: December 29, 2004)
Two students and six workers are suing Harrison schools and two of its vendors, claiming that "dangerous and harmful molds, toxins, chemicals and other toxic substances" they inhaled there caused them to contract severe respiratory problems, neurological ailments, immune deficiency and, in one instance, lymphoma.
The lawsuit, filed in state Supreme Court in White Plains last week, names Louis M. Klein Middle School and, in the case of one employee, Purchase Elementary School. It asks for damages "in an amount exceeding the jurisdictional limitations of all lower courts which would otherwise have jurisdiction over this action."
Schools Superintendent Louis Wool would not comment because of the litigation. Last summer, when five custodians and some of their spouses filed notices of claim expressing their intent to sue, Wool said school officials took employees' concerns seriously but concluded that the conditions did not cause any health hazards.
Faculty and staff had been questioning the conditions at the middle school for at least a year. In the spring, Wool and the director of facilities received a letter from union representatives suggesting that conditions at the middle school might be causing illnesses. It was accompanied by a report by an industrial hygienist they brought in to inspect the facilities, and a list of staff members and their ailments.
Hygienist Alice Freund observed mold in a classroom, chipped asbestos floor tiles, improperly stored cleaning compounds, ventilators in need of cleaning, and "corrosive chemicals dripping from the ceiling of the custodial area," where an exhaust fan was not working. She said some of the conditions could cause respiratory problems if enough toxins were in the air but added that she did not test air quality and could not make medical assessments.
During the summer, school officials made the changes and repairs she recommended, and contracted state-certified companies to do tests of air and water quality. Results from those and subsequent tests revealed no unsafe levels of toxins, such as mercury and lead. Contractors also replaced 1,700 square feet of aging asbestos tiles, as planned for in the budget. Tests before and after found no asbestos particles in the air.
At the time, Wool said measures were taken so custodial workers would be more closely supervised. Since then, teachers union representatives and some parents have said they feel confident about the measures taken and believe their school is safe.
Others want to know more before reaching conclusions. "It's not a trivial issue," said Anthony Catalano, an environmental consultant who has a daughter at the middle school. "When you hear these kind of things, you do have concerns if your child attends the school - without a doubt. But in all fairness to all parties, I really have an interest in understanding more about what was done, and the results that were found, and what the school's plan is to address the conditions."
The lawsuit also names the Strauss Paper Co. of Port Chester and the Butcher Co. of Marlborough, Mass., which manufactures chemical cleaning products and recently became a subsidiary of Wisconsin-based JohnsonDiversey. No one at JohnsonDiversey was available for comment. At Strauss Paper Co., Vice President for Finance Rachel Eckhaus said her company hasn't seen the lawsuit yet.
Plaintiffs include students Lisa Royer and Brett Fink and their guardian, Jeffrey Fink. Royer was at the middle school from January to June 2002, and Brett Fink has been a student there since September 2003, according to legal papers. Other plaintiffs are head custodian Vito Faga Jr.; custodians Suzan Alfano, Joey Pinto, Nicholas Vaccaro and Timothy Zuccarelli; and food service worker Olga Ricci, who is not employed by the school. All of them work at the middle school, except for Alfano, who used to work there but has worked at the Purchase School since 2002. Four of their spouses also are part of the suit.
The plaintiffs contacted by The Journal News deferred comment to their attorneys, of Worby Groner Edelman in White Plains. The attorneys were not available for comment. |
