PCB Exposure Verdict Upheld: State Law Impacts on Chemical Exposure Cases

Hook: Polychlorinated biphenyls (PCBs), once widely used in electrical equipment and construction materials, have left a legacy of contamination and legal battles. Recent court decisions highlight the significant role state laws play in determining the outcome of chemical exposure cases, impacting victims’ ability to seek justice and compensation. With verdicts reaching hundreds of millions of dollars, the stakes are incredibly high for both plaintiffs and defendants.

Understanding PCB Exposure and Its Health Consequences

PCBs are a group of man-made chemicals that were manufactured in the United States from 1929 until they were banned in 1979. Due to their non-flammability and insulating properties, they were used extensively in electrical equipment like transformers and capacitors, as well as in various other products, including paints, caulks, and plastics.

Unfortunately, PCBs are persistent in the environment and do not easily break down. They can contaminate soil, water, and air, posing significant health risks to humans and wildlife. Exposure to PCBs can occur through various pathways, including:

Consumption of contaminated food: Fish caught in contaminated lakes and rivers are a major source of PCB exposure.
Inhalation: PCBs can volatilize from contaminated materials and be inhaled, especially in older buildings with PCB-containing caulk or lighting fixtures.
Ingestion of contaminated water: Drinking water sources can become contaminated with PCBs.
Dermal contact: Direct skin contact with PCB-containing materials can lead to exposure.

The health effects of PCB exposure are wide-ranging and can include:

Skin conditions: Acne and rashes are commonly observed in people exposed to high levels of PCBs.
Liver damage: Studies have shown changes in blood and urine that may indicate liver damage in exposed workers.
Immune system dysfunction: PCB exposure can weaken the immune system, leading to increased infection rates.
Reproductive problems: PCBs have been linked to reduced growth rates, retarded development, and neurological effects in children of exposed mothers.
Cancer: The Department of Health and Human Services and the EPA have determined that PCBs are probably carcinogenic to humans, with links to cancers of the liver, biliary tract, and digestive tract.

The Role of State Laws in PCB Exposure Cases

Given the serious health risks associated with PCB exposure, many individuals and communities have sought legal recourse against companies responsible for the contamination. State laws play a crucial role in these cases, influencing various aspects of the litigation process and its outcome.

Statutes of Limitations and Repose

One of the most critical aspects of state law in chemical exposure cases is the statute of limitations, which sets a deadline for filing a lawsuit after an injury occurs. Some states also have statutes of repose, which set an absolute deadline for filing a lawsuit, regardless of when the injury was discovered.

In PCB exposure cases, where health effects may not manifest for many years after the initial exposure, these statutes can be particularly challenging. If a state has a relatively short statute of limitations or a statute of repose, victims may be barred from filing a lawsuit even if they were unaware of the harm caused by PCB exposure until after the deadline has passed.

Choice of Law

Another important aspect of state law is the “choice of law” principle, which determines which state’s laws will apply in a particular case. This can be a complex issue, especially in cases involving companies that operate in multiple states or where the exposure occurred in one state but the health effects manifested in another.

For example, in a recent Washington state case involving PCB exposure at a school, the state Supreme Court ruled that Missouri law should apply because that is where Monsanto made most of its decisions regarding the chemicals. This decision was significant because Missouri law is more generous with punitive damages than Washington law.

Standards of Evidence

State laws also govern the standards of evidence required to prove causation in chemical exposure cases. Plaintiffs must demonstrate a clear link between their exposure to PCBs and their resulting health problems. This often requires extensive medical documentation, expert analysis, and scientific evidence.

Some states may have stricter standards of evidence than others, making it more difficult for plaintiffs to prove their case. Additionally, the admissibility of expert testimony can vary depending on state law, which can significantly impact the outcome of a trial.

Liability and Negligence

State laws define the legal standards for liability and negligence in chemical exposure cases. Plaintiffs must prove that the defendant (e.g., a chemical manufacturer or property owner) had a duty of care to prevent PCB exposure, that they breached that duty, and that their breach caused the plaintiff’s injuries.

The specific requirements for proving negligence can vary depending on state law. For example, some states may require plaintiffs to show that the defendant knew or should have known about the risks of PCB exposure, while others may have stricter standards for proving causation.

Recent Court Decisions and Their Implications

Several recent court decisions highlight the significant impact of state laws on PCB exposure cases.

Washington State Supreme Court Case: In October 2025, the Washington State Supreme Court reinstated a \$185 million verdict against Bayer’s Monsanto unit over chemical contamination at a Washington state school. The court reversed a lower court ruling that had vacated the verdict in a 2021 trial over claims brought by three teachers at Sky Valley Education Center in Monroe, Washington. This decision underscores the importance of state law in determining liability and the potential for significant financial consequences for companies responsible for PCB contamination.
Monsanto PCB Contamination Lawsuits: Milberg is suing Monsanto for PCB exposure at Vermont schools and investigating PCBs at the North Carolina State University campus. The firm expects our cases and investigations against Monsanto to expand as the company’s decades of PCB deception gain wider recognition.

These cases demonstrate the ongoing legal battles surrounding PCB exposure and the critical role state laws play in shaping the outcome of these disputes.

Advice for Victims of PCB Exposure

If you believe you have been exposed to PCBs and are experiencing health problems, it is essential to take the following steps:

Seek medical attention: Consult with a doctor to discuss your symptoms and get a proper diagnosis. Be sure to inform your doctor about your potential PCB exposure.
Document your exposure: Gather any information you have about the source and extent of your PCB exposure. This may include records from your workplace, school, or community.
Consult with an attorney: Contact a qualified attorney experienced in chemical exposure cases. An attorney can evaluate your legal options and help you understand your rights.
Be aware of deadlines: Pay close attention to the statute of limitations and any other deadlines for filing a lawsuit in your state.

Conclusion

PCB exposure cases are complex and often involve a tangled web of scientific, medical, and legal issues. State laws play a pivotal role in determining the outcome of these cases, impacting victims’ ability to seek justice and compensation. As awareness of the dangers of PCB contamination grows, it is crucial for individuals and communities to understand their rights and take appropriate action to protect their health and well-being.

Call to action: If you or a loved one has been affected by PCB exposure, contact our firm today for a free consultation. Our experienced attorneys can help you navigate the legal process and fight for the compensation you deserve.