Dual Class Actions Target Harcros Chemicals: Community Seeks Medical Monitoring
by Kaitlin Gagnon
KANSAS CITY, KS – The legal battle over toxic air emissions in Kansas City, Kansas intensified this month, as plaintiffs filed an amended and a new companion class action against Harcros Chemicals Inc. and its historic parent companies, Philips and Elementis.
The lawsuits, both filed in the U.S. District Court for the District of Kansas, allege that for more than six decades, Harcros and its predecessors have “knowingly emitted dangerous quantities” of carcinogenic chemicals, causing widespread illness, premature death, and an ongoing public health crisis within the community surrounding the facility.
The most recent filing takes a critical additional step for Kansas City residents, seeking the creation of a court-supervised medical monitoring fund to protect the unduly endangered community members who remain at risk of developing cancer and other latent diseases related to toxin exposure.
Decades of Toxic Emissions and Exposure in Kansas City, Kansas
Both class actions center around the Harcros facility in Kansas City, Kansas – a global chemical manufacturing and distribution site – long associated with the release of ethylene oxide (EtO) and more than thirty other toxic chemicals.
As cited within the complaint(s), according to EPA’s Risk-Screening Environmental Indicators (RSEI), the Harcros facility ranks among the top emitters nationwide for cumulative human health risk, with a score that designates the facility as an “extreme hazard level.”
The dual actions seek to “compensate, deter, and prevent further generations of needless deaths” in the impacted Kansas City community.
First Amended Complaint: Personal Injury and Wrongful Death
The amended issue-class action complaint, Jeffries et al. v. Harcros Chemicals, Inc., et al., alleges Harcros Chemicals and co-defendants (Philips Electronics North America Corporation, Koninklijke Philips N.V., Elementis Chemicals, Inc. and Elementis PLC) each played a vital role in maintaining and operating the Kansas City facility responsible for the release of toxic emissions into surrounding Kansas City neighborhoods.
The complaint alleges the “reckless pollution” by defendants has exposed thousands of residents, workers, students and worshipers to highly toxic substances, resulting in severe and catastrophic health problems.
Conditions include elevated rates of cancer (including breast and blood cancers), severe reproductive health impacts, DNA mutations, diminished capacity to fight future disease, and increased mortality rates/reduced life expectancy among the exposed.
Filed on behalf of active residents and the estates of deceased community members, the complaint alleges the defendants displayed a gross disregard for human life and environmental safety. At least seven plaintiffs have been named on behalf of the class.
The complaint contends the defendants knowingly polluted Kansas City air, failed to maintain safe operations and emission monitoring, and to protect residents from foreseeable health risks. Claims include strict liability, gross negligence, negligence, negligent maintenance and repair, failure to warn, and wrongful death.
The plaintiffs seek compensatory and punitive damages to deter similar corporate misconduct. The plaintiffs are seeking a jury trial as an issue class for common issues of liability and medical causation.
New Class Filing: Medical Monitoring Program
In a separate but related class action, Tucker et al. v. Harcros Chemicals, Inc., et al., the plaintiff and class have demanded injunctive and equitable relief over damages.
The complaint calls for the establishment of a Court-supervised Medical Monitoring fund aimed to provide early detection, diagnostic testing, and long-term health surveillance for community members who have worked or resided within the exposure zone.
Both filings cite EPA data and independent research conducted by the Ohio State University, which found that, “residents within the exposure plume suffer an average lifespan reduction of up to twenty (20) years compared to residents in non-exposed communities within the same county.”
Both filings also note, “of urgent concern,” numerous K-12 public schools within the affected vicinity place nearly six thousand students at ongoing risk from daily exposure to hazardous air contaminants.
The proposed medical monitoring program would cover baseline health assessments for all class members in addition to blood testing, periodic cancer screenings, pulmonary and endocrine testing, reproductive health monitoring, early symptom recognition education, and aggregate public reporting.
Environmental Justice and Accountability
In both cases, the plaintiffs and class are represented by Milberg Coleman Bryson Phillips Grossman PLLC and Krause & Kinsman Law Firm, two nationally recognized leaders in environmental and toxic-exposure litigation. Milberg attorneys include Marc Grossman, Melissa Sims, John Restaino, Luis Almeida, and Nevin Wisnoski.
The firms have been partnering with local non-profits to host town halls and informational sessions intended to inform residents about their rights and the health risks linked to the Harcros facility.
Together, both firms aim to advance environmental justice and community accountability for those living under decades of toxic exposure in Kansas City.
Kansas City residents and business owners are encouraged to visit www.kcexposure.com to explore their legal options.
