Preliminary Test Results Released for Conyers Chemical Fire as Class Action Lawyers Move In

There have been about 20 lawsuits so far against BioLab in the aftermath of the chlorine chemical fire that occurred at the facility in Conyers, GA, last month. A judge has announced that these cases will be merged. The EPA has been monitoring the air quality in Conyers while independent evaluator Scott Smith is awaiting testing results.

The HighWire interviewed Smith in June regarding his testing in East Palestine, OH, and he accused the EPA of acting as a PR firm for Norfolk Southern, the train company responsible for the massive chemical plume that exposed the town’s residents and outlying areas to dangerous levels of dioxins. Smith has come forward with his preliminary results in Conyers after testing the retention pond within 1,500 feet of the BioLab facility.

Smith stressed that these are preliminary results that are subject to change, and no definitive conclusions can be made based on these results. Here are the chemicals that were found in the retention pond. 

1.  pH  of 4.6

2. 4-Methyl-2-pentanone

3. Dibromochloromethane

4. Acetone

5. Chloroform

6. Bromoform

7. Bromodichloromethane

8. 2-Butanone

“Those are the kind of chemicals that probably really shouldn’t be around,” Smith said. “I do have a scientific team and a toxicologist I work with, but it’s too early for them to start commenting and issuing a report. What I don’t have are the dioxins, I don’t have all the polycyclic hydrocarbons.”

Toxicity and exposure levels vary based on the chemicals found. Still, individuals exposed to these chemicals may experience a variety of side effects that include Liver and kidney injury, Respiratory distress, Rash, Inflammation, Central nervous system, Gastrointestinal system, Birth defects, Shorten menstrual cycle, Developmental effects, Immunological effects, Renal tubular degeneration, Slowed brain function, Cancer, and Death.

She has also experienced a feeling of suffocation that the Dr. attributes to the bromine, which can cause a build-up of mucus. The resident said she has had slurred speech and voice changes. Her friends and family have noticed behavioral changes.

One Conyers resident has visited the ER three times and has a long list of symptoms that started when the fire first broke out. The symptoms include confusion, dizziness, muscle weakness, legs giving out, leg cramps, nausea, vomiting, uncontrolled bladder and bowels, eyes and throat burning, lack of appetite, extreme thirst, blurred vision, elevated heartbeat and blood pressure, and chest pressure that she describes as feeling like an elephant is on her chest.

Other residents have reported sore, inflamed gums, canker sores, and itchy gums. Multiple residents have also said they have swollen lymph glands, raw throat, and burning of the eyes and throat.

The HighWire reported earlier this month about Georgia State Representative of Rockdale Soil and Water Conservation Kenny Johnson, who passed away following a statement at a BioLab hearing. Johnson had a difficult time breathing during the hearing and put his hand on his heart. He called for a federal criminal investigation into BioLab, a facility that has had four fires in a 20-year span.

Scott Smith has been in contact with residents of Conyers and East Palestine and has encouraged these residents to stay connected. He said the EPA and the corporations responsible for exposing residents to chemicals have the same playbook.

“You’re gonna start hearing these chemicals are legacy chemicals, ubiquitous in the environment,” Smith said. “What was not ubiquitous in the environment like East Palestine is all of the symptoms many of you are having and the residents. I really don’t even need to get my testing or anyone else’s testing to know that something is there. It is that simple. That’s why I say, ‘You can’t find what you don’t look for.’”

Smith stressed that this is just the beginning of the process that involves collecting multiple samples, including control samples for a baseline comparison. He expects this process to take months before his scientific team can truly evaluate what chemicals residents have been exposed to and the degree of exposure.

Smith challenged the EPA’s report, stating that no asbestos was found in debris collected near ground zero, asserting that the debris contained polystyrene foam from the building. The EPA report on styrene says “Acute exposure to styrene in humans results in respiratory effects, such as mucous membrane irritation, eye irritation, and gastrointestinal effects.”

The EPA report also states, “Several epidemiologic studies suggest that there may be an association between styrene exposure and an increased risk of leukemia and lymphoma.  However, the evidence is inconclusive due to multiple chemical exposures and inadequate information on the levels and duration of exposure.”

Smith said he warned Conyers residents about class action lawyers trying to swoop in and get a quick payday like they did in East Palestine. He recommended that residents speak to multiple lawyers and said he believes ethical lawyers do exist.

“I’m getting a lot of phone calls from residents,” Smith said. “It is illegal for any attorney to solicit and contact you and harass you on your cell phone. Some people are saying they’re going to the doctor, and the next thing they know, they have a class action attorney calling their cell phone. I have no idea how this is happening. It shouldn’t be. You have HIPAA laws. It is illegal.”

“Any attorney that truly cares about their clients should be paying for you to have your test and give you your end results,” Smith told the residents. He also explained how the attorneys in East Palestine kept the home testing results sealed and claimed the judge prevented them from sharing their testing results. “When they tell you that it’s up to the judge to release results, that is an absolute lie,” Smith said.

The HighWire reported in August about the class action settlement approval. The attorneys hired Stephen Petty to conduct the testing on behalf of the class action group, but the attorneys kept that data from being shared with the residents or the public. Petty signed a declaration saying Scott Smith’s independent testing results are valid and credible.

The same law firms involved in the East Palestine settlement are attempting to get Conyers residents signed up for a lawsuit against BioLab.