Sep 21, 2024

Boeing Production Plant Exposed Workers to Toxic Chemical Causing Birth Defects, New Lawsuits Claim

by Nadia El-Yaouti | Oct 05, 2023
Simply Flying via Jake Hardiman Photo Source: Simply Flying via Jake Hardiman

Leading global aerospace company Boeing is at the center of several lawsuits that claim the company knew about the presence of toxic chemicals in its production plants but did little to protect workers. At least two Boeing employees say these toxins resulted in their children being born with birth defects.

One lawsuit was filed by Mike Evans and accuses the aircraft maker of exposing him to "volatile organic solvents" and "heavy metals" while he was working at a production facility in Everett, Washington, in 2014. Because of the exposure to the toxins, Evans says his son suffered birth defects. The child’s mother also worked for Boeing during her pregnancy and was also exposed to the toxic chemicals. On July 25, 2017, their child was born with a number of birth defects, including Spina Bifida, and is described as being "disabled for the rest of his life," according to the lawsuit.

Another lawsuit, filed by John Kemmling, makes similar allegations against Boeing. Kemmling was a fuel tank sealer at the Everett plant where he says he was also exposed to toxic chemicals that caused his child to have birth defects. Kemmling's lawsuit explains his child was born with ventricular septal defect, OHDO Syndrome, autism, and intellectual disability. He describes his child as being "non-verbal and unable to live an independent existence" because of the exposure to the toxins.

Kemmling's lawsuit alleges that the company knew about the toxic chemicals in the production facility since “at least the 1980s,” which led to birth defects through maternal and paternal exposure. Although the company’s Environmental Health & Safety division had policies in place that limited worker exposure to these toxins, Boeing’s production managers did not enforce them.

Even nearly a decade after being exposed to the toxins, Evans and others are committed to holding Boeing responsible for their actions. Under Washington state statute 4.16.130, the statute of limitations in toxic tort cases is two years. However, under the discovery rule, this three-year clock can be paused if the victim could not reasonably have discovered their injuries until a later date beyond the statute of limitations.

These lawsuits come three years after similar lawsuits were filed against the aerospace company. In 2020, three lawsuits were filed in King County Superior Court. Those three lawsuits represent children who were born with birth defects after at least one parent was working in one of the Everett production facilities. The plaintiffs included Marie Riley, now 42; Tianna Hatleberg, now 28, and Natalie Ford, now eight. Riley's case was eventually resolved through an undisclosed settlement, while the two other lawsuits are still being litigated.

In November 2022, the law firm Waters, Kraus, and Paul issued a report that detailed that Boeing knew there were harmful chemicals in its production facilities and that these toxins could cause serious illnesses including birth defects, stillbirths, infertility, cancer, and other health issues. Despite this, “Boeing has consistently failed to disclose these risks, leaving its workers, and their families, in the dark about a hazard that can inflict permanent and catastrophic harm,” the report explains.

The claims of exposure to toxic chemicals in the Everett plant are not the first-of-their-kind allegations against Boeing. In 1985, a series of miscarriages among pregnant workers in an Auburn, Washington, plant prompted a shop steward in Plastics Fabrication to ask about whether chemicals used in the facility could be linked to the elevated number of miscarriages. The company went on to conduct a study that found a 27% rate of miscarriages as compared to the average 10-20%.

The Environmental Protection Agency reviewed the results, sharing they warranted further investigation. However, Boeing has not conducted a follow-up probe according to local news outlet, the Kent Reporter.

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Nadia El-Yaouti
Nadia El-Yaouti
Nadia El-Yaouti is a postgraduate from James Madison University, where she studied English and Education. Residing in Central Virginia with her husband and two young daughters, she balances her workaholic tendencies with a passion for travel, exploring the world with her family.