TX Supreme Court Overturns Benzene Exposure Judgement
In 2003 A Bexar County Texas state district court ordered the city of San Antonio to pay out $23 million in the case of a young girl diagnosed with leukemia as a result of benzene exposure. A later appeals court ruling favored the family but reduced the payment to $7.64 million. Now The Texas Supreme Court has completely overturned the verdict, leaving the girl, and her family with nothing.
Sarah Pollock was diagnosed with leukemia at age three. Her family's property bordered the notorious West Avenue landfill, which was found to be seeping methane and benzene into their home.
Sarah's doctors all agreed that her case of acute lymphocytic leukemia (ALL) was caused by in-utero benzene exposure. Lawyers for the family were able to produce a long paper trail pointing out that the city had been aware of seepage problems with the landfill for years. The Pollocks were never informed by the city of any dangers regarding the landfill, and were not even aware of the problem until they prepared to sell their home.
Justice Nathan Hecht found that the two main witnesses in the case did not have scientific evidence on which to base their conclusions.
It's hard to understand where justice Hecht is comming from here, reading over the ruling, it's quite clear that Sarah Pollock was exposed to benzene in-utero, and that the benzene came from the landfill. Though ALL is the most common chilhood leukemia, it is extremely rare. Benzene is a known cause of this disease. This ruling is a mockery of justice. As two lesser courts have ruled, the Pollocks deserve compensation for their ordeal.
