'Victims' seeking answers

By Eloria Newell James, community@leadercall.com

August 12, 2008 09:37 am

— Health issues ranging from diabetes to congestive heart failure and birth defects have led some area residents to believe their lives have been altered due to chemically-treated wood used for many years in their homes.
That concern led some of these residents to file a lawsuit in 2001 against American Woods, a Richton industry.
Now, nearly seven years later, these residents are still seeking compensation.
Dana G. Kirk, an attorney with Kirk Law Firm, said he filed the initial lawsuit in December 2001 in Jasper County on behalf of some people who believed using the wood made them sick.
Kirk said the lawsuit listed Joslyn Danaher, owner of the Richton plant in 1983, and Powe Timber, which was doing business as American Woods.
“We filed the lawsuit based on my clients’ chemical exposure from wood from the (Richton) plant,” the attorney said.
Now officials report that the case involving the wood company was settled last year and compensations for those persons who were identified as victims are being distributed now.
Several residents from Richton and Jasper County came to the Jasper County Courthouse in Paulding this week to protest their elimination from the settlement.
Lirissa Vickers, one of the original eight plaintiffs in the case, said she and more than a thousand other people were left out of the settlement.
Vickers said her family used the wood blocks, which is believed to have been treated with cresol, as a source of heating.
“I was a little girl when we started using it and now I’m 36 years old,” Vickers explained. “There were 1,300 clients named and I was one of the ones they dropped.
“I have congestive heart failure. I also have a child who was born with Patent Urachus — a rare kidney disease — and they dropped me,” she said. “They picked and chose who they wanted to pay. A lot of the people have the same illnesses as the ones they picked.”
Mildred Moody, who lives in the McSwain Community near Richton, said she has diabetes and irritable bowel symptom.
“I had surgery in 2000 in Gulfport and they tested my blood and I had arsenic in my blood work and in my body,” Moody said. “Our houses were tested for dioxin and they said we had a high level of dioxin and that it was unsafe to stay in our house.”
Moody said “they told us that some things were not associated with the wood, but we have some of the same illnesses as those people who they say illness was caused by the wood.”
Pamela Musgrove, also of the McSwain Community, said she has been diagnosed as an aplastic anemic.
“I was going to the doctor every week for congestive heart failure and for aplastic anemia,” Musgrove said. “We stayed across the street from the mill, American Woods. I’ve had a lot of problems.
“I’m 38 years old and I take 22 pills a day,” she said. “I can’t keep a job because of my illness.”
Dorothy Harkless and Bettie McDonald from the Beaver Meadow Community in Jasper County had similar issues.
“We want some justice,” McDonald said. “There were a lot of people left out. Most of the people in Beaver Meadow didn’t get anything. ... They did us wrong.”
Harkless agreed.
“We feel like we were sold out,” Harkless said. “People were done unfair. ...There should have been a better way of doing this.”
Kirk acknowledged that there were more than 1,000 people with claims. However, the lawyer said he had nothing to do with the court’s decisions concerning who would receive compensation.
“The court appointed a special master, who determined the people who would receive compensation,” he explained. “The special master looked at the people’s medical records.
“I am not the special master,” Kirk reiterated. “The special master looked at what diseases that could be medically-related to chemical exposure from dioxin polyaerometic hydrocarbon and ended up with 69 people.”
Kirk said those involved in the settlement included people in Jasper and Forrest counties.
“We didn’t get anything,” Moody said. “We want to get compensation for our illnesses. The people that got paid had the same illnesses that me and my family have.
“It hurts,” she added. “We feel that we were unjustly done. ...We need some justice done.”
Kirk said the courts decided who would receive compensation.
“During our court proceedings it was determined that American Woods did not have insurance to cover this claim,” Kirk said. “Final orders have been entered in this case. ... The U.S. District Court ruled that because American Woods’ insurance did not cover this, they were not liable. ... Then, we appealed that decision to the Fifth Circuit Court of Appeals in New Orleans, which affirmed the declaratory decision.
“Therefore, the only person who winded up paying any money was Joslyn Danaher,” Kirk explained. “The settlement was ordered in 2007. However, some people are just receiving their money.”
Kirk said he realizes a lot of people were not included in the settlement.
“I’m sorry,” Kirk said. “This case is completed.”
Many of those protesting said they need justice.
“It’s sad. We are just trying to find justice,” Moody said. “We are sick and dying and we need some justice.”
Other protesters agree.
“Justice was not done for everyone,” Vickers said. “It just wasn’t done right. ... We are looking for another attorney.”