Jimmy Anderson was diagnosed with leukemia in 1972, when he was 4 years old.

He died in 1981, when he was 12 years old.

Anne Anderson "Jimmy was sick for 9 years. So sick that he spent most of his life at home or in the hospital. He taught me courage and gave me the strength to fight on his behalf."

Donna Robbins

Mary and Richard Toomey

Son Robbie Robbins died of leukemia in 1981 when he was 9.

Son Patrick Toomey died of leukemia in 1981 when he was 10.

1981: Anne Anderson and the other plaintiffs hired tort lawyer Jan Schlichtmann.

Wells G and H had been found to be contaminated with trichloroethylene and tetrachloroethylene. The Center for Disease Control confirmed that the children in Woburn were coming down with leukemia at a significantly higher rate than expected. EPA confirmed that the aquifer feeding the contaminated wells were heavily polluted with industrial solvents.

Identifying Defendants:
1982: A chemical engineer reviewed the EPA field data

and concluded that that W.R. Grace Co. and Beatrice Foods were the likely source of contamination.

Linking the Leukemia to the Contaminated Water:

1983: A Harvard health study demonstrated that the

leukemia was associated with exposure to the contaminated water. 1983: Plaintiffs retained an immunopathologist who showed that exposure to solvents (1) damages cells (making them cancerous) and (2) damages the immune system (making it unable to identify and remove cancer).

The court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

The jury decides FACTS.

The judge decides LAW (and in some cases also FACTS).

SUMMARY JUDGMENT is appropriate when the non-moving party cant show any facts that would change the outcome. The LAW decides it!

Emotional Distress Claim

Plaintiffs must be able to show that (1)

plaintiffs suffered physical harm (2) that is objectively manifested and that (3) caused them emotional distress.

Emotional Distress Claim

Plaintiffs must be able to show that (1)

plaintiffs suffered physical harm (2) that is objectively manifested and that (3) caused them emotional distress.

Green Light: Plaintiffs are free to try to prove this.

Bystander Emotional Distress (for Witnessing Death of a Family Member)

Plaintiffs must be able to show they (1) were

physically close to the contamination; (2) experienced a dramatic traumatic shock from the contamination; (3) are a close relative of the victim.

Bystander Emotional Distress (for Witnessing Death of a Family Member)

Plaintiffs must be able to show they (1) were

physically close to the contamination; (2) experienced a dramatic traumatic shock from the contamination; (3) are a close relative of the victim.
Red Light: Plaintiffs wont be given an opportunity to try to prove this.

Increased Risk of Future Illness

Plaintiffs must be able to show (1) an injury

has already occurred; (2) future serious illness is reasonably expected to follow from the injury.

Increased Risk of Future Illness

Plaintiffs must be able to show (1) an injury

has already occurred; (2) future serious illness is reasonably expected to follow from the injury.

Red Light: Plaintiffs wont be given an opportunity to try to prove this.

Emotional Distress Plaintiffs must be able to show that (1) plaintiffs suffered physical harm (2) that is objectively manifested and that (3) caused them emotional distress (4) as a result of defendants negligence. Wrongful Death Plaintiffs must be able to show that plaintiffs (1) died (2) as a result of defendants negligence. Conscious Pain and Suffering Plaintiffs must be able to show (1) physical or mental distress suffered from an injury (including shortening of life, depression, and limitations on activity) (2) as a result of defendants negligence.