Four local law firms have banded together to take legal action against North Carolina State University and Monsanto over toxic contamination in Poe Hall.

In an exclusive interview with WRAL News, attorneys from all four firms revealed they now represent hundreds of clients who believe that time spent in Poe Hall caused them to develop cancer or other serious health conditions.

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Last year, testing uncovered high levels of PCB chemicals in Poe Hall, home to the university’s education and psychology programs. Polychlorinated biphenyls, or PCBs, were once commonly used in building materials and machinery but were later found to cause certain types of cancer and other serious health ailments.

"We have hundreds of victims, some of whom have already passed away from horrible diseases," said Ben Whitley, an attorney with Whitley Law Firm.

The group plans to file lawsuits early next year against N.C. State, which owns Poe Hall, and Monsanto, the manufacturer of the PCBs.

Hundreds sick

Since the building's closure, 215 people have reported to WRAL News that they developed cancer after spending time in Poe Hall. Many others have reported tumors, fertility problems and respiratory and skin issues.

Attorney Bryan Brice told WRAL News that most of their clients had significant exposure to Poe Hall over the years.

"Most of our folks were healthy, had no genetic cause for their illness or cancer, and lived healthy lifestyles. So what was the cause? Maybe it was an environmental factor," Brice said.

Tiffany Frickey, an attorney with Edwards Kirby, explained that the attorneys carefully screen potential clients before agreeing to represent them.

"You have to figure out where they worked, what they were doing and how long they were exposed," she said.

Pooling Resources

"We’re going up against a multi billion-dollar corporation and a huge institution, so we wanted to pool our resources to ensure that all of our clients have access to everything our firms can provide," Whitley said.

The group plans to file cases in various courts.

"These kinds of cases will be heard in different venues, whether it’s superior court or the Industrial Commission," Whitley said. "They might not all proceed together, but they may be in multiple locations at the same time."

Broader Context

Over the past year, the attorneys have consulted with health officials and PCB scientists to better understand the implications of PCB exposure. While PCBs were banned in the late 1970s, they remain in many older buildings unless actively removed.

A recent example of successful legal action includes students and workers at a Seattle-based school who developed cancer and successfully sued Monsanto, securing hundreds of millions of dollars in damages.

The attorneys, along with many of the affected workers and students, have criticized N.C. State’s perceived lack of transparency regarding health concerns. After closing Poe Hall, the university hired a consulting firm to conduct further testing. However, in February, WRAL News reported that N.C. State had quietly withdrawn from a free health evaluation offered by the National Institute for Occupational Safety and Health (NIOSH), a division of the CDC. Following the report, N.C. State rejoined the evaluation, which remains open.

Pat Wallace, a partner at Milberg Law told WRAL News that legal action has become necessary to obtain answers and compensation for the many people who believe the building made them ill.

"Unfortunately, with a lot of big institutions and companies you need to go to them and assert yourself and assert your rights. No one is just going to come in and provide what you need," Wallace said.

"It’s very obvious that NC State has not taken significant action to support and focus on the victims of Poe Hall. Their priority seems to be closing the building, repairing it, and remediating it, with little attention to the actual health and welfare of the people they were entrusted to protect. That’s why we’re doing this—to bring attention to these issues."

NC State’s Response

In a statement, N.C. State said:

"We acknowledge that people have health concerns; however, individual health and exposure questions are informed by many factors and are not something that N.C. State can address on a general or specific level. While we may not be able to comment directly on this information, we continue to encourage anyone with medical concerns to consult with their healthcare providers."

Ongoing Awareness

The attorneys noted that some people who spent time in Poe Hall and later developed illnesses may still be unaware of the contamination, as N.C. State only notified individuals who were in the building at the time of its closure.

"N.C. State employees get monthly contribution requests from the university, yet they’re not informed that Poe Hall is a sick building with PCBs inside," Whitley said.

Full statement from NC State:

The university respects the rights of individuals to pursue legal claims. Although we do not typically comment on legal matters, we thought it important to share some details at this time.

As we’ve consistently stated, N.C. State has followed the facts and science in the evaluation of Poe Hall. We’ve openly shared with the public, Environmental Protection Agency, NIOSH, and other agencies the complete Geosyntec report published this June.

Complying with discovery in litigation is one of many interests — including gathering and sharing information and, now, making plans for remediation — that the university continues to balance since voluntarily closing Poe Hall last November.

We also understand that beyond the information that we have made available, individuals may be seeking their own answers. We acknowledge that people have health concerns, however, individual health and exposure questions are informed by many factors and are not something that N.C. State can answer on a general or specific level. While we may not be able to comment on this information directly, we continue to encourage anyone with medical concerns to engage with their medical providers. N.C. State will continue to provide updates on remediation plans and will share the NIOSH report when available.

You can find all of WRAL's coverage of Poe Hall on jshu.net.