ST. LOUIS — A representative of a deceased Bridgton resident is suing a biopharmaceutical firm and chemical-producing company for alleged negligence in toxic waste disposal, resulting in fatal injuries.
Decedent Darryl Phifer., through his personal representative, Loretta Ann Seabaugh, filed a complaint on April 3 in the U.S. District Court for the Eastern District of Missouri against the defendants, alleging that they violated the Atomic Energy Act of 1954.
According to the complaint, the plaintiff alleges that on April 2, 2014, Phifer passed away due to testicular cancer and metastatic laryngeal cancer. Seabaugh claims that Phifer lacked knowledge of his exposure to radiation as he frequently engaged in outdoor recreational activity around Coldwater Creek and other disposal sites.
As a result, plaintiff Phifer suffered physical injury, pain and suffering and untimely death, the complaint said.
The plaintiff holds Mallinckrodt LLC and Cotter Corp. responsible because the defendants allegedly failed their duty to prevent the discharge or releases of radioactive, toxic and hazardous substances that can harm the community, failed to warn or notify the plaintiff of the potential hazards of exposure to dangerous substances and failed to comply with applicable state, federal and local government laws, regulations and guidelines applicable to those processing, handling, storing or disposing of toxic waste materials.
The plaintiff requests a trial by jury and seeks judgment for general, special, punitive and exemplary damages, prejudgment interest, costs and such further relief as the court deems proper. She is represented by Greg Cade and Kevin McKie of Environmental Litigation Group P.C. in Birmingham, Ala.; Kenneth Brennan, Eric Terry and Tyler Schneider of TorHoerman Law LLC in Edwardsville, Ill.; and Christopher Byron and Eric Carlson of Byron Carlson, Petri and Kalb, LLC in Edwardsville, Illinois.
U.S. District Court for the Eastern District of Missouri Case number 4:17-cv-01235