Lawsuits against BioLab are progressing with urgency in a Georgia federal court, as questions remain about the hazards posed by the Sept. 29 fire at its Conyers plant that produced a toxic chemical cloud.
U.S. District Judge Sarah Geraghty has consolidated 21 proposed class actions filed against BioLab and its Lawrenceville-based parent company, KIK Consumer Products. The blaze prompted the evacuation of more than 17,000 people and a shelter-in-place warning across Rockdale County, which has about 90,000 residents.
Geraghty has set guidelines for BioLab about its communications with those impacted, and she selected a group of lawyers from different firms to represent the plaintiffs and proposed class members. She has also determined how evidence from the plant will be preserved, including protocols for site inspections by the plaintiffs’ experts.
“I think Judge Geraghty appreciates that, because this is an ongoing environmental disaster, there is a bit more urgency than we sometimes see in class actions,” said Daniel Flynn, one of the attorneys in the group.
There are more than 40 plaintiffs in the consolidated cases seeking to represent a class or classes of all similarly situated people and businesses. It will be up to Geraghty to determine whether a class or classes should be established, based in part on how common the alleged injuries are. If no class is certified, only the plaintiffs will be eligible for relief through their cases.
Flynn said he’s hoping BioLab will promptly share more information about the incident so the community has a better understanding of what it’s dealing with.
“We’re certainly going to seek discovery as soon as possible on some critical issues, the biggest one being what was released from the facility,” he said. “That’s something that we don’t think is appropriate to wait for months to find out.”
Credit: Jamie Spaar for the AJC
Credit: Jamie Spaar for the AJC
The U.S. Chemical Safety and Hazard Investigation Board just released an investigation update detailing the incident, including some of the chemicals burned at the plant. The board said in its report that some of those chemicals, used to kill algae and bacteria in swimming pools and hot tubs, “can release toxic and corrosive products, such as chlorine gas and hydrogen chloride, upon decomposition.”
Other federal authorities, including the Occupational Safety and Health Administration and the Environmental Protection Agency, are also investigating BioLab, court filings show.
BioLab has established a website regarding the incident. The company says it is “committed to supporting impacted area residents and business owners by making resources available and getting them the assistance they need.”
“Our priority at all times has been public health and safety,” BioLab states on the website. “Our focus now is on completing our remediation efforts to clean up the site and continuing to support the community.”
Under one of Geraghty’s orders, BioLab can’t force anyone to sign away their rights to damages in exchange for assistance, such as reimbursement of costs associated with the incident. The company can seek to offset any future award to claimants with the financial assistance it provides outside the litigation.
In addition to the 21 lawsuits consolidated in federal court, there are several other proposed class actions pending against BioLab in state courts in Gwinnett and Rockdale counties. BioLab could seek to move those cases to federal court, where they could be grouped with the others, or they could proceed separately.
Credit: Miguel Martinez-Jimenez/AJC
Credit: Miguel Martinez-Jimenez/AJC
Geraghty is also presiding separately over a lawsuit brought by Rockdale County against BioLab and KIK. That case is not a proposed class action. The county seeks damages related to its responsibilities and response to the fire incident and chemical plume. It also wants BioLab to “completely mitigate and remediate the contamination caused” and prevent any further releases of hazardous chemicals.
BioLab has had a series of fires and chemical releases at its facilities in Georgia and elsewhere, a review of state and federal records by The Atlanta Journal-Constitution shows. The Sept. 29 incident was at least the fourth significant fire or chemical release at the Conyers plant since 2004.
“BioLab’s alleged recklessness has upended and harmed tens of thousands of lives,” said Jean Martin, another attorney representing the plaintiffs in the consolidated federal cases.
Flynn said a website with information for potential class members could be set up soon.
“I am honored to have been entrusted with helping people restore their homes, businesses and lives back to where they were before they were damaged by this catastrophic event,” he said.
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