(CN) - A Missouri state appeals court on Tuesday upheld a $58 million award to a plant worker who developed a debilitating lung condition from exposure to a flavoring additive manufacturing company's chemicals.
Former General Mill plant worker James Graham won $56.6 million punitive damages and $1.5 million in compensatory damages in a jury trial against global manufacturer of chemical flavoring Givaudan Flavors Corp. The plant purchased and used Givaudan flavors that contained toxic diacetyl and 2,3-pentanedione.
"Givaudan was aware in the 1980s that its products' chemical composition harmed those who used them. Givaudan hid its findings and took no corrective action. Under these circumstances, the high punitive damage ratio did not violate due process," Chief Court of Appeals Judge John Torbitzky wrote for the three-judge appeals panel.
Torbitzky, joined in the ruling by Court of Appeals Judges James Dowd and Lisa Page, added there is "ample evidence that Givaudan's conduct was reprehensible" and that the company "exhibited a conscious disregard for the health and safety of every individual who came into contact with its products."
Graham, who worked in the plant from 2005 to 2011, claimed in a 2020 suit that exposure to the company's chemicals caused him to develop bronchiolitis obliterans, a permanent and progressive lung disease.
"He has less than half of his lung function; he struggles to breathe and gasps for air. He is unable to fully care for himself. He is unable to participate in activities that he used to enjoy. He is unable to hold another full-time job, walk long distances, or lift heavy objects. He has constant chest pain," Torbitzky noted.
The panel disagreed with Givaudan's appeals argument that the punitive damages were excessive.
"The degree of reprehensibility is further illustrated by Graham's injuries. Bronchiolitis obliterans is a serious, irreversible lung condition. There was evidence that Givaudan knew the harm diacetyl and 2,3-pentanedione caused. The evidence supports an inference Givaudan intentionally increased the harm to individuals working with its chemical flavorings by concealing pertinent facts and information," Torbitzky wrote.
Givaudan also challenged the admission of several pieces of evidence during the trial, including reports of employees at other plants who developed bronchiolitis obliterans after working with the chemicals.
"These reports indicated the injuries were not isolated, but rather there were an increasing number of employees developing bronchiolitis obliterans. These reports further indicated that Givaudan was investigating possible causes of the employees' illnesses," Torbitzky wrote. "The circuit court did not err in admitting evidence demonstrating Givaudan knew there were other individuals with occupational exposure to its products containing diacetyl who developed bronchiolitis obliterans.
Givaudan had also challenged the testimony of two expert witnesses - an epidemiologist and toxicologist, and a pulmonologist, both with specific experience with bronchiolitis obliterans - who said at trial that the chemicals were "more than ample" to cause Graham's lung problems, or which directly contributed to his lung problems. The panel held that the circuit court properly admitted the testimony.
Graham's attorney, Ben Fadler of Kansas City's Ketchmark and McCreight, did not immediately respond to a request for comment Tuesday. Givaudan Corp. could not be reached for comment.
Source: Courthouse News Service
