Illegally Dumping 100 Million Pounds of
Toxic Coal Ash Waste Onto a Pristine Dominican Republic Beach, U.S.
Power Corporation Created a Genetic Time Bomb, Mass Tort Complaint
Alleges in First-of-its-Kind Lawsuit
WILMINGTON, Del., Nov 06, 2009 /PRNewswire-USNewswire
One of the world's largest power generating companies caused horrendous
birth defects, lung injuries, and other acute and chronic medical
problems from illegally dumping 100 million pounds of toxic coal ash
onto a pristine Caribbean beachfront, according to a groundbreaking mass
tort lawsuit filed late November 4th against Arlington, Virginia-based
AES Corporation ("AES"). The eight-count lawsuit on behalf of 11
plaintiffs, living and dead, from the small rural village of Arroyo
Barril in the Dominican Republic was filed in Delaware Superior Court.
Two of the children died after birth from catastrophic birth defects.
Two boys survived: one with no arms; the other, born with his stomach
outside his body, had to endure several surgeries. Another child was
found -- in utero -- to have massive cranial defects and had to be
aborted, according to Diane Paolicelli, Esq. of Levy Phillips &
Konigsberg LLP in New York City. Paolicelli, who leads the firm's
medical malpractice and catastrophic injury practice group, represents
birth defect victims.
AES befouled the environment around Arroyo Barril in 2003 and 2004 by
dumping mountains of toxic, heavy metal-laden coal ash waste from its
Puerto Rico plant onto a beachfront hill, according to the Complaint.
After it was dumped, friable ash blanketed the area with choking dust
that immediately injured lungs and damaged skin, according to Robert T.
Vance, Jr., name partner of the Philadelphia Law Firm of Robert T.
Vance, Jr.
In 2006, AES was sued in the Eastern District of Virginia by the
government of the Dominican Republic. The matter settled but the injured
residents across Arroyo Barril and the island nation's Samana region
were not compensated since the case had been brought by the Dominican
government for illegal dumping on the island nation's beach. That case
is believed to have been settled for approximately $6 million and
remains under seal.
This lawsuit, on behalf of injured plaintiffs, was filed in Delaware
since AES and its companies are registered in the State of Delaware,
according to Ian Connor Bifferato, name partner of Wilmington,
Delaware-based Bifferato LLC.
After the toxic coal ash was dumped and residents began complaining, AES
made repeated false representations to the media and the public that the
coal ash waste it dumped onto the Samana Bay beachfront was not toxic or
harmful to life or health and had beneficial uses, the Complaint
alleges.
Coal ash waste contains arsenic, beryllium, cadmium, chromium, lead,
mercury, nickel and vanadium. Among the birth defects suffered by the
plaintiffs and detailed in the Complaint are missing limbs, failed
Siamese twinning, severe gastrointestinal anomalies, bony anomalies, a
missing kidney, and severe cranial anomalies.
"AES turned a rural, natural oceanfront hill into an environmental crime
scene," said Stephen J. Phillips, name partner of Levy Phillips &
Konigsberg, who successfully has pioneered birth defect and cancer
litigation on behalf of semiconductor workers and their families, as
well as groundwater contamination, nuclear radiation and asbestos
litigation.
The Complaint includes counts of Violation of International Law and
Human Rights; Negligence; Wrongful Death; Negligence Per Se; Nuisance;
Fraud and Fraudulent Misrepresentation; Abnormally Dangerous and/or
Hazardous Activities; Intentional Infliction of Emotional Distress; and
Willful and Wanton Misconduct.
Visit http://www.toxic-coal-ash.net. In addition to the filed Complaint,
this case-specific Web site contains photos of the victims, the
beachfront hill toxic coal ash dump site and Arroyo Barril. The site
will be updated with public filings by the plaintiffs as well as AES
when they become available.
DE Superior Court - Newcastle County, N09C-11-021 JEB
ANAJAI CALCANO PALLANO, Individually, and as Parent and Natural Guardian
of MAXIMILIANO CALCANO; MARIBEL MERCEDES, Individually, and as personal
representative of the Estate of "BABY MERCEDES;" MARIBEL ANDUJAR MEDINA,
Individually, and as Parent and Natural Guardian of ISAEL ALTAGRACIA
ANDUJAR; ROSA MARIA ANDUJAR Individually, and as personal representative
of the Estate of "BABY OLMOS;" MARIA VIRGEN DEOGRACIA, Individually, and
as Parent and Natural Guardian of ESTANLYN GARCIA DEOGRACIA; and AMPARO
ANDUJAR, Plaintiffs, v. THE AES CORPORATION, AES ATLANTIS, AES PUERTO
RICO, LP, AES PUERTO RICO, INC., and AES PUERTO RICO SERVICES, INC.,
Defendants
Press Availability Today, November 6, 2009
Attn: New York-Area Media: Attorneys at Levy Phillips & Konigsberg, LLP,
800 Third Avenue, 13th Floor, 10022 in Midtown have press availability
available after 1 p.m. today. Call Diane Paolicelli, Esq., Steven J.
Phillips, Esq. or Philip Monier III, Esq., at 212-605-6200 to secure a
time to speak with attorneys prosecuting this case. Visit http://www.toxic-coal-ash.net
for more information about this case. This 20-plus page reference Web
site contains information you can use to develop a print or broadcast
report. The Complaint, complete news release, a three-part photo
section, timeline, and other information are included. The PRforLAW, LLC
Web site, < http://www.PRforLAW.com/> will also post the news release
and Complaint.
SOURCE Levy Phillips & Konigsberg, LLP
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