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ARLINGTON, VA -- The Superior Court of Delaware has
found no basis for conspiracy charges related to vinyl
plastic manufacturing brought against the American Chemistry
Council (ACC) and more than 30 other industry defendants.
The Court on January 28 granted the defendants' motion
for summary judgment, which was unopposed by the plaintiff,
thereby vindicating ACC in the high profile case, according
to court papers made public following the decision.
The American Chemistry Council represents America's
leading companies engaged in the business of chemistry.
The plaintiff, Lori Anne Sanzone, brought the suit in
2000 and achieved notoriety when she appeared in the
documentary film, "Blue Vinyl," alleging health
effects caused by manufacturing products from polyvinyl
chloride (commonly referred to as PVC). The film by
Judith Helfand and Daniel Gold, which was screened at
the 2002 Sundance Film Festival and aired numerous times
on HBO and in communities across the country, features
emotional scenes of Sanzone connecting a serious illness
to a job she held briefly more than two decades earlier.
Sanzone asserted that she contracted angiosarcoma, a
rare form of liver cancer, after working seven days
in 1978 at a Florida pipe-making plant that used PVC.
She sued ACC and 30 other entities that were either
suppliers or simply involved in the industry during
the past half-century. Organizations that had never
supplied polyvinyl chloride materials were named because
they "allegedly participated in a supposedly enormous
and far-reaching conspiracy to injure plaintiff,"
according to one court document.
Sanzone's claims proved false. Sanzone did not suffer
from angiosarcoma, but from epithelioid hemangioendothelioma
(EHE), a disease whose only known medical link is to
birth control pills. Sanzone continued to press the
lawsuit despite the fact that her own physicians would
not testify that she had contracted angiosarcoma.
As the suit progressed, the plaintiff's lawyers failed
to produce witnesses on her behalf. In the end, there
was no evidence of any misconduct by the industry. "We
wish Ms. Sanzone the best and hope for her full recovery,"
said Don Evans, Senior Counsel for the American Chemistry
Council. "At the same time, we are pleased the
court recognized that vinyl chloride played no role
in the illness she contracted or the claims that she
brought." "We are very gratified by the outcome
of this case, especially considering the notoriety this
suit received with the release of the film 'Blue Vinyl',"
Evans continued. "This is a major blow to those
who would try to file unjustified lawsuits."
The lead attorney on the case was Timothy Coughlin with
the law firm Thompson Hine LLP, which has been successful
in other vinyl chloride cases in California, Maryland
and Illinois . Thompson Hine LLP currently is working
on numerous related suits.
The American Chemistry Council (ACC) represents the
leading companies engaged in the business of chemistry.
ACC members apply the science of chemistry to make innovative
products and services that make people's lives better,
healthier and safer. ACC is committed to improved environmental,
health and safety performance through Responsible Care,
common sense advocacy designed to address major public
policy issues, and health and environmental research
and product testing. The business of chemistry is a
$460 billion enterprise and a key element of the nation's
economy. It is the nation's largest exporter, accounting
for ten cents out of every dollar in U.S. exports. Chemistry
companies invest more in research and development than
any other business sector. Safety and security have
always been primary concerns of ACC members, and they
have intensified their efforts, working closely with
government agencies to improve security and to defend
against any threat to the nation's critical infrastructure.
Contact:
Chris VandenHeuvel (703) 741-5587
Source: American Chemistry Council
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