National/World News
JOPLIN, Mo. — Eric Peoples cradled his wife and wept after a jury agreed
that vapors from butter flavoring at the microwave popcorn factory where
he once worked had permanently ruined his lungs.
Peoples said his tears didn't only come out of satisfaction with the $20
million verdict. He also was thinking of the 29 other former workers at
the Gilster-Mary Lee plant in Jasper who have cases pending against the
same butter-flavoring manufacturers.
"The burden of proof is now on their shoulders," Peoples said.
Jurors deliberated for a little more than three hours before returning
the verdict Monday against International Flavors and Fragrances Inc. and
its subsidiary Bush Boake Allen Inc. The flavoring manufacturers were
ordered to pay $18 million to Peoples and $2 million to his wife,
Cassandra, for compensatory personal injury damages.
Eric Peoples, 32, and the other former factory workers are suffering
from damaged airways and breathing problems. They contend that the two
manufacturers knew their butter flavoring was hazardous but failed to
warn them of the dangers or provide adequate safety instructions.
The National Institute of Occupational Safety and Health also has linked
exposure to vapors from butter flavoring to lung disease in popcorn
factory workers in Illinois, Iowa and Nebraska.
Health officials insist people who microwave popcorn and eat it are not
in danger, although the Environmental Protection Agency is studying the
chemicals released into the air when a bag of microwave popcorn is
popped.
Peoples, of Carthage, was selected to have his case heard first because
he is among the sickest of the Gilster-Mary Lee workers. Trial testimony
showed that if his health remains stable, he could wait at least 10
years for a needed double-lung transplant.
Life expectancy is about 10 years for lung transplant recipients.
"Eric feels like he's in prison," his attorney, Ken McClain, told jurors
in closing arguments. "He's going to eventually go through the physical
pain of a lung transplant, knowing that he's going back to prison again
because he'll eventually get lung disease again."
McClain said the next trial is set for April 20 at the Jasper County
Courthouse in Joplin. He also has cases pending in Illinois and Iowa.
"I want to keep the pressure up and get these cases done as soon as we
can," McClain said.
Attorneys for the manufacturers left the courthouse without speaking to
reporters.
During their closing arguments, they told jurors their product is safe
when handled properly. Information sent to popcorn plant officials
warned the flavoring should be mixed in a well-ventilated area and a
respirator should be worn when heating it.
"We know beyond a shadow of doubt that if you use basic hygiene
practices, you don't have a problem in this plant," said attorney Mike
Patton, who represents New York-based International Flavors and
Fragrances.
Gilster-Mary Lee, which was not named in the suit, remodeled the plant
and ordered workers to wear respirators after government investigators
in 2001 linked a chemical in the butter flavoring, diacetyl, to the
workers' illnesses. The southwest Missouri plant still uses the same
butter flavoring, but there have been no reports of illness since
changes were implemented, Patton said.
McClain said that is little comfort to Peoples, who each night fears he
will not wake up the next morning. Peoples is angry because he cannot
enjoy the simple pleasures of playing with his children or going hunting.
"I'm just happy that somebody has said Eric's life is worth something
because it is worth a lot to me and the kids," Cassandra Peoples said.
Copyright 2004 Associated Press. All rights reserved.
Most popular WCNC.com stories
Most E-mailed News


