Summary: Emerging Litigation Podcast
Episode: When Chemical Crises Strike with Ed Gentle and Kip Benson
Date: October 16, 2024
Host: Tom Hagy
Guests: Ed Gentle and Kip Benson, Gentle Turner & Benson LLC
Episode Overview
This episode dives into the immediate legal aftermath of a recent catastrophic chemical incident in Conyers, Georgia, where a reaction at a chemical factory prompted the evacuation and sheltering of 17,000+ people. Tom Hagy is joined by mass tort settlement experts Ed Gentle and Kip Benson to explore how lawyers, affected individuals, and companies respond in the critical early stages of such crises. They discuss the types of claims that arise, lessons from similar historical events, expected litigation behaviors, and evolving legal remedies.
Key Discussion Points & Insights
1. 2024 Conyers, Georgia Chemical Event: Snapshot
- Incident: Catastrophic chemical reaction, not just a fire, at pool/spa chemical plant (BioLab, owned by Kik Consumer Products), September 29, 2024.
- Impact: Evacuation/shelter orders for 17,000+ residents, ongoing smoke plume with toxic chlorine compounds.
- Legal Response: At least six suits filed on behalf of up to 90,000 people for health/property damages. Plaintiffs focusing on fallout from evacuation and hazardous exposure. (01:30–03:10)
2. Historical Precedent: 2004 Conyers Chemical Incident
- Background: Ed Gentle managed mass tort settlement from a strikingly similar 2004 event at the same site.
- Process:
- Class action settlement used, with opt-in/opt-out mechanism
- Claim types: “Quick payment” for minimal proof (just lived/owned property in area), higher-tier payments for documented injury/property loss.
- “Keep your records, maybe keep a log so you can document what happened to you and when and what the backup may be.” – Ed Gentle (05:40)
- Key Players: Roger Orlando and Lou Garrison served as main plaintiff attorneys.
- Notable Parallel: Many claimants from the new event reaching out to Gentle’s firm for guidance; plaintiffs’ tactics expected to mirror the “wash and repeat” from 2004. (03:28–06:09)
3. Identification, Mapping & Claims Process
- Evidence Gathering: Plaintiffs’ attorneys working to map the geographic “area of concern,” based on expert analysis of wind dispersal and chemical spread, to identify eligible claimants. (06:23–06:48)
- Claim Types:
- Base-level claims for location only
- Enhanced claims with medical/property proof
4. Defense Strategy: Early Compensation & Settlement
- Likely Tactics:
- Defendants may offer immediate payouts (often with check-and-release method), as seen in other disasters (CSX, BP Deepwater). (07:04–07:53)
- Benefit: Full dollar amounts to claimants, no legal fees deducted, reduces exposure to protracted litigation.
- “The claimants like it because they get paid immediately as opposed to one or two years into the future.” – Ed Gentle (07:39)
5. Shelter-in-Place Orders: Legal & Practical Considerations
- Public Reaction: Host expresses skepticism about sufficiency of these orders.
- Expert View:
- “It’s calming in this kind of thing to have a shelter in place order... They want to keep you out of the air, turn off air conditioning, insulate yourself.” – Kip Benson (08:12)
- “It’s really the only practical remedy for a big community.” – Ed Gentle (08:34)
- Evacuation vs. Shelter In Place: Those closest to incident may be evacuated; wider perimeter asked to shelter.
6. What Comes Next: Litigation and Settlement Pathways
- Immediate Steps: Lawsuits being filed (class actions representing massive numbers of residents). (08:40–09:02)
- Mediation & Settlement:
- Early mediation/settlement talks often lead to crafting class settlements with outside experts (such as Gentle/Benson’s firm) ensuring compliance, clarity between personal injury and property claims, and fairness.
- “The court will be interested in any class settlement to decide whether it’s fair and reasonable based upon all the circumstances.” – Ed Gentle (09:37)
7. Medical Monitoring as a Remedy
- Georgia Law: Not a “medical monitoring” state; such claims are rarely an option. (09:51–10:10)
- Contextual Commentary: “This might be a better candidate than the one 20 years ago because chlorine is certainly an established toxicant and has some long term impact.” – Ed Gentle (09:57)
- Potential for Inclusion: Plaintiffs’ counsel may still pursue medical monitoring, depending on evidence and jurisdictional arguments.
8. Comparisons to Other Recent Disasters
- East Palestine, Ohio (2023):
- Major toxic train derailment and fire; $600 million settlement for affected communities, one of the largest in US rail disaster history.
- Notable: Average payout of ~$6,000 per impacted family.
- “The East Palestine case really added a zero to what you normally see in these cases.” – Ed Gentle (11:18)
- Federal court denied medical monitoring relief because Ohio law does not allow it (12:05–12:10).
9. Predictions for Conyers Case
- Settlement Quantum: East Palestine’s precedent could drive higher payouts in future incidents (including Conyers).
- Medical Monitoring: Likely to be rejected absent legislative/regulatory changes in Georgia.
- Documentation Crucial: Affected parties urged to keep logs, receipts, and medical/property documentation.
Notable Quotes & Memorable Moments
- On Claims Process:
- “There’s a fork in the road for the claim… keep your records, maybe keep a log so you can document… what happened to you and when and what the backup may be.” — Ed Gentle [05:30]
- On Defense Tactics:
- “The advantage to the defendant is you’re using hundred cent dollars… The claimants like it because they get paid immediately as opposed to one or two years into the future.” — Ed Gentle [07:39]
- On Protective Measures:
- “It’s calming in this kind of thing to have a shelter in place order... They want to keep you out of the air.” — Kip Benson [08:12]
- Payday Comparison:
- “The East Palestine case really added a zero to what you normally see in these cases.” — Ed Gentle [11:18]
- On Medical Monitoring Barriers:
- “It’s a back to the future type of thing. You can’t have a remedy until you’re hurt. But I don’t know if I’m going to be hurt if you don’t monitor me. So there you have it. It’s a dilemma.” — Ed Gentle [12:10]
Timestamps for Important Segments
- 00:02–03:10: Intro & Episode Setup, Details of the Conyers Event
- 03:28–06:09: Ed Gentle on 2004 Incident & Lessons for Today’s Response
- 06:23–06:48: Mapping the Impact and Identifying Claimants
- 07:04–07:53: Defense Immediate Settlement Tactics
- 08:09–08:34: Shelter-in-Place Orders: Purpose and Effectiveness
- 09:02–09:51: How Settlements are Crafted and Courts Review Fairness
- 09:51–10:24: Medical Monitoring: Legal Obstacles and Possibilities
- 10:24–12:10: Comparing Conyers to East Palestine; Settlement Amounts and Precedents
Tone & Style Notes
- Conversational and informative, with a focus on accessibility for litigators, insurers, and laypeople.
- Blends legal insight with practical advice for affected parties and professionals.
- Occasional dry humor and wry asides from the host lighten the technical discussion.
Summary prepared for listeners who missed the episode or need a reference for next steps after chemical disasters.