Several children like 11-year-old Alexa Brown have died, and her dad, Warren, is seeking answers.
Mr. Brown says, "I made a promise to an 11 year-old-girl that I would not rest until every stone was turned over and every window and door was open. This is where we are headed. If this completely falls apart so be it; but, I have kept my promise to my daughter."
Judge James Carr just dismissed 15 of 17 counts but families can seek claims of negligence and wrongful death and possibly punitive damages.
"We are pleased that the judge has allowed the case to proceed. It will be interesting to see what discovery holds," Warren Brown says.
At issue is whether or not airborne emissions from Whirlpool's Clyde Plant and their toxic waste dumping sites cause the Cluster.
Whirlpool might be forced to hand over secret documents and says that as a company they are pleased with the court's latest decision.
In an email they empathize with the families who have suffered and write, 'that there's no scientific or medical evidence, however, linking reported health issues with any of Whirlpool's operations at the Clyde plant or the limited and contained amounts of pcbs found at the former Whirlpool Park.'
Our Scott Taylor requested an on camera interview with Whirlpool's CEO Jeff Fettig but so far he has not agreed.
Here is Whirlpool's statement from Whirlpool Corporation Spokesperson, Kris Vernier.
We are pleased by the Court's decision to dismiss 15 of the 17 counts in the plaintiffs' complaint, including all allegations related to property damages, reckless conduct, fraud, trespass, continuing nuisance, strict liability, and punitive damages. The Court also denied the plaintiff attorneys' request to initiate a class action on behalf of property owners in the area. With regard to the remaining two claims, the Court recognized that several government agencies have published reports that "call into question a fair number of plaintiffs' allegations," but indicated the Court could not resolve all facts at this early stage in the litigation. On behalf of our 3,000 employees in the Clyde area, Whirlpool will continue to vigorously defend against these baseless claims by the plaintiff attorneys.
We empathize with the families who have suffered illnesses or deaths of their loved ones. There is no scientific or medical evidence, however, linking the reported health issues with any of Whirlpool's operations at the Clyde plant or the limited and contained amounts of polychlorinated biphenyls (PCBs) found at the former Whirlpool Park. Additional information about the issues raised in the litigation is available at Whirlpoolforclyde.com.