Vermont Court Expands PCB Liability: What the Monsanto Ruling Means for Schools & Medical Monitoring

Polychlorinated biphenyls (PCBs), once hailed for their versatility, have become a source of significant legal and public health concern, particularly in older school buildings. A recent Vermont Supreme Court decision is poised to reshape the landscape of liability for PCB contamination, especially concerning schools and the provision of medical monitoring. This ruling, stemming from the case Neddo v. Monsanto Co., addresses critical questions about who can be held responsible for PCB contamination and what remedies are available to those exposed. With approximately 31% of Vermont schools testing above the “School Action Level” for PCBs, understanding the implications of this decision is crucial for school districts, educators, families, and anyone concerned about environmental toxins.

Understanding PCBs and Their Presence in Schools

PCBs are man-made chemicals that were widely used in various building materials and electrical equipment before their ban in 1979 due to health concerns. These substances can be found in caulk, paint, glues, and fluorescent light ballasts in schools constructed or renovated before 1980. As these materials age, PCBs can be released into the air, posing a risk to students, teachers, and staff. Exposure occurs primarily through inhalation, ingestion of dust, or skin contact.

The health effects of PCB exposure are well-documented and can be severe. Studies have linked PCBs to a range of health issues, including:

Cancer: PCBs are classified as human carcinogens.
Nervous System Effects: PCBs can disrupt the development and function of the nervous system, potentially impacting learning and behavior.
Immune System Damage: Exposure can weaken the immune system, increasing susceptibility to infections.
Reproductive Issues: PCBs have been linked to decreased birth weight and premature births.
Endocrine Disruption: PCBs can interfere with thyroid hormone levels, affecting metabolism and development.

Given these risks, Vermont took a proactive step in 2021 by passing Act 74, requiring all schools built or renovated before 1980 to test for PCBs. The results have been alarming, prompting legal action and increased scrutiny of companies like Monsanto, the primary manufacturer of PCBs.

The Landmark Neddo v. Monsanto Decision

The Vermont Supreme Court’s ruling in Neddo v. Monsanto clarifies several key points regarding PCB liability:

Out-of-State Manufacturers Can Be Held Liable: The court determined that Monsanto, now owned by Bayer, cannot avoid liability by claiming it never “released” PCBs in Vermont, even though the chemicals were manufactured in other states. Selling a toxic substance that ends up contaminating Vermont classrooms constitutes a “release” within the state. This establishes “supply-chain liability,” preventing companies from evading responsibility by using intermediaries.
The July 1, 2022 Dividing Line: Vermont’s medical monitoring law (12 V.S.A. § 7202) took effect on July 1, 2022. The court ruled that this law cannot be applied retroactively to individuals whose exposure ended before that date. This creates a distinction:
- Who Can Sue: Current students, teachers, and staff who were in contaminated buildings after July 1, 2022, can join the class action for medical monitoring.
- Who Cannot: Former students and those who left contaminated schools before July 1, 2022, are excluded from the streamlined medical monitoring remedy and would need to prove actual physical injury in a traditional personal injury lawsuit.
Medical Monitoring: The ruling paves the way for a medical monitoring program, potentially requiring Monsanto to pay for regular cancer screenings and other health surveillance for those eligible.
Exposure Triggers Recovery: The court emphasized that exposure to PCBs, not just the release of the chemicals, triggers the right to seek medical monitoring under the statute.

Implications for Schools and Medical Monitoring

This ruling has significant implications for Vermont schools and the health of their communities:

Increased Accountability: The decision holds Monsanto accountable for the widespread PCB contamination in Vermont schools, reinforcing the principle that manufacturers cannot knowingly profit from toxic substances without bearing responsibility for the harm they cause.
Access to Medical Monitoring: Current students and staff exposed after July 1, 2022, may have access to vital medical monitoring, enabling early detection and treatment of potential health issues related to PCB exposure.
Legal Recourse for Past Exposure: While the ruling limits retroactive application of the medical monitoring law, individuals exposed before July 1, 2022, may still pursue traditional personal injury lawsuits if they can demonstrate actual physical harm.
The Need for Continued Testing and Remediation: The decision underscores the importance of ongoing PCB testing in schools and the implementation of effective remediation strategies to minimize exposure. Vermont’s Act 74, which mandates PCB testing in schools, is a crucial step in identifying and addressing contamination.
Potential Financial Relief for Schools: Vermont is also suing Monsanto to recoup the costs of PCB cleanup in schools.

Navigating the Legal Landscape

For individuals concerned about PCB exposure in Vermont schools, here’s some advice:

Determine if you are eligible: If you are a current student, teacher, or staff member who has been present in a Vermont school with confirmed PCB contamination after July 1, 2022, you may be eligible to join the Neddo class action for medical monitoring.
Consult with an attorney: If you believe you have been harmed by PCB exposure, especially if the exposure occurred before July 1, 2022, consult with an experienced personal injury attorney to explore your legal options.
Stay informed: Keep abreast of developments in the Neddo v. Monsanto case and other legal actions related to PCB contamination in Vermont schools.
Advocate for testing and remediation: Support efforts to ensure that all Vermont schools are tested for PCBs and that effective remediation measures are implemented to protect the health of students and staff.

The Neddo v. Monsanto decision marks a significant step forward in holding companies accountable for PCB contamination and protecting the health of Vermont communities. However, challenges remain, particularly for those who were exposed before July 1, 2022, and for schools struggling to manage the costs of testing and remediation. Continued vigilance, advocacy, and legal action are essential to ensure that all those affected by PCB contamination receive the support and justice they deserve.