More than 30 lawsuits have been filed against GKN Aerospace after one of the company's tanks containing a highly flammable chemical overheated and threatened a catastrophic explosion last month, forcing the evacuation of about 50,000 residents in California's Orange County.
Debbie Cohran, who lives about 500 feet (152 meters) from the aerospace facility in Garden Grove, wasn’t told to evacuate until several hours after the leak started, according to her
complaint. Her suit said she experienced nausea and headaches for several days afterward.
Melanie Rose Burciaga of nearby Westminster had just given birth to her first child and had to leave the hospital when the evacuation orders came in, her lawyer said in a lawsuit.
And Juan Diego Orozco was part of a street repair crew working in Garden Grove on the day the overheating started. He said he suffered a headache and went to the hospital due to difficulty breathing and vomiting, his lawyer said.
More than 100 individuals — including some families with pets — as well as local businesses are suing GKN Aerospace, saying the U.K.-based company was negligent in maintaining a safe facility, especially since it’s located in a large population center.
Ten of the cases were filed as class actions in federal court, while 21 are in state court and cover one to 31 plaintiffs. The suits seek compensatory and punitive damages.
Sarah Hasse Blodgett, a spokesperson for GKN Aerospace, did not immediately respond Thursday to questions seeking comment about the lawsuits and their claims.
Adam Zimmerman, a professor at the University of Southern California Gould School of Law who is not involved in the litigation, said the federal cases will likely be consolidated and the state cases will likely be moved under one judge, to ensure they are handled efficiently. Some of those state lawsuits may be moved to federal court, he said.
Pressure on the company increased on Wednesday when FBI agents served a search warrant at the facility to collect documents and records related to the “storage, use, or disposal” of methyl methacrylate, the chemical inside the affected tank.
The Environmental Protection Agency said Thursday that it had joined the FBI to “search for and seize evidence of potential federal environmental crimes." The agency declined to provide more information, saying it doesn't comment on criminal investigations.
GKN Aerospace makes cockpit windows, canopies and windshields. The tank that overheated starting on May 21 contained 6,000 to 7,000 gallons (22,700 to 26,500 liters) of methyl methacrylate, which is highly flammable. The liquid is used in the manufacturing of plastics and coatings, such as Plexiglas.
Health officials said no contamination or fumes were released, and they plan to monitor the air for several months. Exposure to the chemical can cause serious respiratory problems, neurological issues and irritation to the skin, eyes and throat, according to the EPA.
Although the tank did not explode, tens of thousands of residents were evacuated from the area for three to five days until crews were able to stabilize the tank.
Blodgett said that the company was cooperating with federal authorities.
GKN Aerospace senior vice president Steve Carlin spoke at a community meeting Tuesday, saying he was sorry that the event occurred, and that it was especially unsettling because the company has a long history with the community.
Many of the lawsuits say the company had a duty to maintain the tank, cooling system, valves and monitoring systems to keep the community safe.
The complaints say the residents were forced to leave their homes and had to pay for hotels, food and other daily needs, which created a financial burden. They also said they experienced anxiety during the evacuation process and continue to be concerned about exposure to chemicals.
Businesses in the area also suffered. The emergency happened over Memorial Day weekend -– a time when many restaurants and food service companies bring in some of their best revenue of the year.
“Our data shows approximately 3,000 businesses were forced to shut down because of the evacuation, and at least another 3,000 businesses right outside the evacuation zone while not forced to close, but had their revenue dropped considerably because of the tank failure and evacuation,” said lawyer Richard McCune, who has filed a class action lawsuit on behalf of Big Rob’s Pizzeria and Fruit Caboose Concessions.
Lawyers say the FBI investigation will help their legal cases.
“We trust that the search will uncover important information and materials related to this crisis,” said lawyer Sean Litteral, who represents Jonathan Sanchez, a father of two children, including an infant born just days before the crisis.
