Burlington High School teachers sue Monsanto, the maker of PCBs

Editor’s note: This story has been updated to include a statement from Bayer/Monsanto.

Two Burlington High School teachers are suing the makers of PCBs, the hazardous chemical compounds that shut down the Institute Rd. school because of its potential harmful effects on people.

In the lawsuit filed Oct. 5 by the Burlington firm Lisman Lickerling, P.C., two special education teachers — Tracy L. Rubin and Kathy A. Lothian — assert belief their medical issues stem from prolonged exposure to PCBs at Burlington High School.

They are suing Monsanto, Bayer, Solutia and Pharmacia for wantonly manufacturing, promoting and profiting from the synthetic compounds Monsanto created even while the company had sufficient evidence the chemicals were toxic to humans.

The lawsuit presents evidence Monsanto knew since at least 1955 that Aroclors — the specific type of PCB often used in school construction — were toxic. Yet, Burlington High School was built in 1964 and the Environmental Protection Agency wouldn’t ban the use of PCBs until 1979. The educators say they were not made aware of the presence of PCBs at Burlington High School and the risks exposure could pose to them.

A spokesperson for Bayer/Monsanto provided a comment on the personal injury lawsuit.

“We believe the allegations in this case lack merit and the company will respond to the complaint in court in due course. The former Monsanto company voluntarily stopped producing PCBs 45 years ago and its conduct has been appropriate at all times," the statement read. "Until the company terminated their production, PCBs were lawfully used in a number of commercial products that were manufactured by other companies.”

PCB exposure at Burlington High School

Rubin is a special education teacher at Burlington High School and Lothian was a special education paraeducator until her retirement, according to information in the lawsuit. Both women worked in building F, where the highest concentrations of the chemicals were found in the air, soil, window caulking and masonry. Testing in building F during the summer of 2020 found levels as high as 6,300 nanograms per meter cubed, while the Environmental Protection Agency’s actionable level was 600 for high schools.

The campus was closed in September 2020 following discussions between the Burlington School District, the Vermont Department of Health and the U.S. Environmental Protection Agency.

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Between 2017 and 2020, Rubin experienced a multitude of reproductive issues and was also diagnosed with an endocrine disorder. Rubin’s spouse, James Ellery Baker, is also listed as a plaintiff for what he suffered as a result.

Lothian says she has suffered from neurological issues.

PCBs are believed to be carcinogenic and linked to certain types of cancers, liver damage, skin issues as well as impacts on the reproductive, immune and neurological systems.

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Lawsuit against Monsanto

The three people are asking for money from Monsanto and its affiliates in the way of damages, pain and suffering, mental distress, medical expenses, lost wages, punitive damages and attorney’s fees.

Monsanto has faced at least 700 lawsuits related to PCB pollution, some brought by the cities of San Diego, San Francisco and Spokane. In June of 2020 the company agreed to pay $550 million into a fund distributed between more than 2,000 members and cities in a U.S. class action suit, according to the lawsuit document.

Contact reporter April Barton at abarton@freepressmedia.com or 802-660-1854. Follow her on Twitter @aprildbarton.