Los Angeles, CA: Two environmental class action lawsuits have been filed against Wal-Mart Stores Inc., resulting from the recent discovery of PCBs in an Indianapolis returns processing center. Hundreds of Wal-Mart employees work at the center and they are concerned they may have been unknowingly exposed to the toxic chemicals which are known to cause cancer.
An estimated 600 people work at the facility, which was evacuated and closed on August 20 after the polychlorinated biphenyls were detected in floor sweepings, according to the lawsuits and statements by Wal-Mart.
The putative class actions are Longest v. Wal-Mart Properties, was filed Sept. 17 in Marion County, Ind., Superior Court, and Smith-Cushingberry v. Wal-Mart Properties, was filed in the same court two days later.
Both suits allege that Wal-Mart did not inform workers about the extent of the contamination in the warehouse or the length of time those chemicals were there and the employees were exposed. The compounds can accumulate in the body over time and lead to liver damage, prostate and pancreatic cancer, immune suppression and reproductive disorders. U.S. manufacture of PCBs was banned in 1979.
Additionally, the class actions both allege negligence on the part of Wal-Mart in that the world' biggest retailer failed to keep the premises safe and to protect their workers from the associated hazards
Longest v. Wal-Mart asks for a court-approved, -supervised and -administrated PCB surveillance program, along with ongoing medical screening for the workers. Smith-Cushingberry v. Wal-Mart asks for compensation for injuries resulting from the contamination.
Plaintiffs' counsel in Longest v. Wal-Mart are attorneys with Price Waicukauski & Riley. Plaintiffs' attorney in Smith-Cushingberry v. Wal-Mart is Gabriel Hawkins, of Cohen and Malad.