September 27, 2006

US jury rules in favour of chicken feed company in arsenic lawsuit

A jury ruled in favour of a chicken feed company Monday (Sep 25) which was sued for alledgedly selling chicken feed that contributed to a boy's leukemia seven years ago.

Ten of the 12 jurors agreed that Alpharma and Alpharma Animal Health need not pay plaintiff Michael Green damages ranging from US$4 million to US$9 million for pain and suffering. Only nine jurors were needed to pass a verdict.

The lawsuit was brought up in 2002 after Green was diagnosed with a rare form of leukemia in 1999. They alleged that chicken litter spread near their home contained traces of arsenic  from Alpharma's feed and caused his leukemia. Green survived the ordeal.

The Greens said that Roxarsone in the feed passes through the birds and degrades into a harmful form of arsenic in the litter, which is then spread on fields as fertiliser. Wind then carries the dust into homes. Their attorney argued that the companies knew the product was dangerous but told no one.

In defense, Alpharma attorneys said Roxarsone, an additive used to control parasites, has been widely used for more than 50 years in the US with no problems reported. They also argued that arsenic does not cause leukemia, and said Green could have been exposed before the company began its use of the chemical. The fact that Green could not prove he was exposed to a specific dose also makes the case moot, they said.