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Jury Awards More Than $9 Million To Factory Workers

By Home Furnishings Business in Motion Upholstery on May 2007 A jury in Mississippi has awarded more than $9.4 million in damages to four former Franklin Corp. factory workers suffering medical problems stemming from limited protection and ventilation from glue fumes in the company’s Houston, Miss., factory, according to the Clarion Ledger.

The jury awarded $1.925 million in compensatory damages and punitive damages of $7.5 million to the four employees who worked for the company between 1999 and 2004. A judgment in the case has not yet been handed down.

According to the newspaper report, the workers had repeatedly asked the company whether the adhesive used on foam cushioning was causing dizziness, nausea, laryngitis, coughing, headaches and other medical problems.

The glue Franklin used from 1999 to 2004 contained propyl bromide, a chemical known to potentially cause nervous system damage, brain damage, main organ system failure, liver and kidney failure. Labeling for the chemical says it should be used in adequately ventilated areas with respiratory protection.

Heber Simmons III, the attorney for the workers, told the paper that a plant safety expert informed the company in 2001 that workers on the glue line were being overexposed to the chemical. Simmons said the expert suggested changing glues or installing a ventilation system, providing training and protection for workers, and monitoring of the air. None of the recommendations was followed, Simmons said.

In 2004, the Occupational Safety and Health Administration tested the factory for the amount of propyl bromide in the air. The tests showed that the exposure was 17 times the recommended maximum human exposure limit for the chemical, Simmons told the paper.

After the OSHA tests, Franklin changed to a different adhesive and installed a ventilation system, Simmons told the paper.

A court hearing on Franklin’s net worth and application of the tort-reform caps on punitive damages is scheduled for Thursday.


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