Nicaragua Network

[The Nicaragua Network has received this press release from the Law Offices of Juan J. Dominguez. For more information contact: IRodriguez@JuanJDominguez.com]

PRESS RELEASE

October 15, 2007

FOR IMMEDIATE RELEASE

U.S. Multinational Corporations Face Jury Verdict on Bell-Weather Sterility Cases

A sworn jury is currently deliberating on the claim by 12 Nicaraguan banana plantation workers that they were sterilized by Dibromochloropropane ("DBCP") pesticide. [Tellez, et. al. v Dole Foods Company, Inc, et. al Los Angeles Superior Court Case #: BC 312852]. A verdict is expected soon.

This is the first case amongst thousands of other sterility cases awaiting adjudication in the United States from Central American plantation workers against Defendant Dole Foods Company, Inc. ("Dole"), and Defendant The Dow Chemical Company ("Dow"), and are all pending before the same judge, the Honorable Victoria G. Chaney of the Los Angeles Superior Court, Dept. 324. Thousands more plantation workers are awaiting their day in court on their DBCP cases in other countries against these same corporations.

This is the Bell-Weather Case for Thousands More Filed Sterility Lawsuits.

In the 1950's and 1960's, both Dow and Shell Oil Company conducted tests on animals and published scientific studies showing that exposure to the chemical pesticide dibromochloropropane ("DBCP"), caused sterility and damage to the testes of every species tested. Dole received warnings about the dangers of DBCP in the 1960's and 1970's, but did not inform the field workers who worked in the DBCP- treated banana plantations nor provide protective clothing. In 1977, workers exposed to DBCP at a production plant in Lathrop, California, were found to be sterile. California banned the use of DBCP in 1977. Dow recalled all of its DBCP stock from its customers in the United States and stopped manufacturing it in 1977.

In the same year, Dole threatened to sue Dow for breach of contract if Dow did not continue to supply Dole with DBCP. In 1978, Dow and Dole executed an indemnity agreement to hold Dow harmless and protect Dow from personal injury claims that may arise by injured workers or other "third parties" exposed to DBCP. Dow then sold all of its remaining and recalled DBCP (500,000 gallons) to Dole. Dole then continued to use DBCP in its foreign divisions, including Nicaragua.Plaintiffs' contend: (1) DBCP should have never been sold without monitoring the health of exposed workers; (2) DBCP was used carelessly and in disregard for the health and safety of workers, and; (3) After 1977, that Dole fraudulently concealed the dangers from the plantation workers. Several plaintiffs' law firms represent separate groups of plaintiffs. The law firms of Miller, Axline & Sawyer and Juan J. Dominguez, APLC represent the Plaintiffs in the Tellez case, which are the lead Plaintiffs in the United States.For additional information contact Ivonne Rodriguez @ Law Offices of Juan J. Dominguez, APLC (800) 818-1818 x 128. E-mail: IRodriguez@JuanJDominguez.com