Denka Class Action Lawsuit Filed in St. John the Baptist Parish

The Russell Law Firm has recently filed a class action lawsuit in the 40th Judicial District Court of St. John the Baptist Parish against Denka Performance Elastomer and E.I. DuPont de Nemours and Co. The class action lawsuit alleges wrongful conduct committed by Denka and DuPont at its Pontchartrain Works Facility in LaPlace, Louisiana by exposing thousands of people to toxic levels of chloroprene, a chemical the Environmental Protection Agency (EPA) declared to be a likely carcinogen. The EPA’s own findings show chloroprene emissions by Denka are at many levels above what is safe, prompting the EPA to declare LaPlace, Louisiana as having the highest risk of cancer in the United States.

The class action lawsuit further alleges that:

  1. Denka and DuPont intentionally concealed from the public for many years the chloroprene emission levels and the harmful effects of exposure to chloroprene;
  2. Denka and DuPont continue to emit chloroprene at harmful levels, even after knowing that EPA declared chloroprene to be a likely carcinogen, determined the chloroprene emissions to be at many levels above what is safe, and  declared LaPlace, Louisiana as the highest risk of cancer in the United States;
  3. Denka and DuPont have violated many Louisiana created for the purpose of protecting the public from environmental pollution;
  4. Denka and DuPont’s conduct amounts to violations of the Louisiana constitution on many counts;  and

The Louisiana District Court in St. John the Baptist Parish should issue an injunction prohibiting Denka from emitting chloroprene at levels higher than what the EPA says is safe.

The lawsuit also names the Louisiana Department of Health and Hospitals and the Louisiana Department of Environmental Quality for their individual negligent acts related to the emissions of chloroprene at the Pontchartrain Works Facility.

Who Does the Class Action Cover? 

The proposed class covers individuals who have lived in specific zip codes within St. John the Baptist Parish from 2011 until present who have experienced one or more of the following physical symptoms as result of exposure to chloroprene released from the Pontchartrain Works Facility:

Headaches; Sinus problems; Dizziness; Insomnia; Trouble breathing, Respiratory irritation or other respiratory problems; Chest pains; Acute cardiac palpitations; Acute gastrointestinal disorder; Acute bronchitis; Acute onset of asthma; Exacerbation of pre-existing asthma; Fatigue; Nausea; Skin rash; Temporary hair loss; Chronic coughing; Chronic nasal discharge; Chronic cardiovascular disorder; Chronic throat irritation; Chronic eye irritation; Chronic thyroid disorder; and Anxiety; and depression.

If you or someone you know believe to be suffering from any  of the physical conditions listed above, or for more information regarding 40th JDC case number 72327, Juanea L. Butler, Individually, and as Representative of All Others Similarly Situated v. Denka Performance Elastomer, LLC, E.I. Dupont De Nemours and Company, State of Louisiana, Though the Department of Health and Hospitals, and the State of Louisiana, Though the Department of Environmental Quality, contact our office.  We have representatives ready to take your call 24 hours a day, 7 days a week.

**Information furnished herein is only general and not a substitute for personalized legal advice.

By: Danny Russell, Baton Rouge area personal injury attorney, licensed in Louisiana and admitted in all Louisiana District Courts and Appellate Courts, Louisiana Supreme Court, U.S. Middle, Eastern and Western Districts of Louisiana, and U.S. Court of Appeals for the Fifth Circuit.

****THE PHOTOGRAPH ABOVE IS NOT A DEPICTION OF ANY ACTUAL EVENT OR SCENE, BUT MERELY A DRAMATIZATION.