Ex-Pfizer scientist wins $1.37 million in federal lawsuit

[Guest guest]

_http://www.theday.com/article/20100401/BIZ02/100409959/1047_

(http://www.theday.com/article/20100401/BIZ02/100409959/1047)

Ex-Pfizer scientist wins $1.37 million in federal lawsuit

By Lee

Publication: TheDay.com

Hartford — Becky McClain, a Deep River scientist who claims to have been

infected by an experimental virus while working at Pfizer Inc.'s Groton

laboratories, was awarded $1.37 million today by a U.S. District Court jury.

Workers' rights organizations immediately hailed the verdict, in which

Pfizer also was ordered to pay McClain's attorneys' fees. They said the outcome

of the federal civil suit was a major milestone for biotech and nanotech

workers everywhere.

" If this could happen at the biggest drug company in the world, it could

happen in other plants, " said Steve Zeltzer, chair of the California

Coalition For Workers Memorial Day, a group that advocates for employees hurt

on

the job. " It's a vindication of the courage shown by Becky to confront the

need to do a proper oversight of the biotech industry. "

The suit, argued during a three-week trial before Judge , has

been closely followed by labor organizations, attorneys and members of the

medical and research community because it is the first federal case

involving a biotech worker who claims to have been harmed by a novel virus on

the

job.

Workers' rights groups have criticized Judge , however, for throwing

out McClain's major claim shortly before the trial began. The claim was

that Pfizer engaged in willful and wanton misconduct in exposing her to a

dangerous work environment that led to health problems that included bouts of

temporary paralysis.

McClain, a molecular biologist who filed her suit about three years ago in

New London Superior Court, had claimed that Pfizer violated whistleblower

laws. A former member of the company's safety committee, McClain also

charged that Pfizer violated her freedom of speech by terminating her after she

pressed complaints with the U.S. Occupational Safety and Health

Administration.

McClain's attorney, Bruce E. Newman of Bristol, previously called the case

precedent-setting because there are few government standards regulating the

bioengineering field. Backers of McClain said they hoped the scientist's

victory in court would send a notice to companies everywhere that a safe

working environment is paramount to those who work in biotech specialties that

deal with potentially lethal organisms.

Pfizer continues to deny all of the suit's charges and said today that the

company is considering its options for appeal.

" We are disappointed with the verdict and do not believe the facts of this

case warrant the conclusion reached by the jury, " Pfizer said in an

e-mailed statement.

" Pfizer is committed to protecting the health and safety of our colleagues

and the communities in which we operate, " the statement continued. " In

addition to our commitment to full compliance with environmental, health, and

safety laws and regulations, we have company-wide policies, standards, and

programs combined with site-level management systems and initiatives

tailored to the particular safety issues and needs at each location. "

Pfizer previously said it had thoroughly investigated McClain's health and

safety claims and found them to be untrue.

McClain, who worked at Pfizer for nearly a decade before being terminated

in 2005, was employed in Groton's embryonic stem cells program when she said

she became ill after being subjected to repeated noxious fumes coming from

the hood of a device at Lab B313, according to her suit. She said her

supervisor also became ill, but later conspired to cover up the incident,

warning her that she " would lose her job if she made too big an issue out of

lab

safety, " the suit said.

McClain said she asked for a transfer out of Lab B313 because of ongoing

health concerns. Later, she developed chronic fatigue symptoms, according to

the suit, and discovered that a co-worker had been working next to her with

a " dangerous lentivirus material (similar to the AIDS virus) and embryonic

stem cells on an open lab bench without biological containment. "

McClain later went on medical leave, according to testimony, but continued

to raise safety concerns until she received a termination notice during her

absence.

Backers of McClain said OSHA denied her workplace complaints largely

because federal worker-safety laws have not kept pace with the rising hazards

in

U.S. laboratories. They have called for OSHA to reopen its investigation of

the McClain case, a cause that may have received a boost from the six

jurors whose verdict was read in court today.

McClain's lawsuit claimed her continued exposure to genetically engineered

viruses had led to a condition that leads to periodic paralysis, joint pain

and fatigue. The attacks, which were particularly severe before the

52-year-old McClain started taking massive amounts of potassium, have

dissipated

in recent months, according to Mark McClain, the plaintiff's husband.

But McClain has said there is no known cure for the condition, and claims

that Pfizer has refused to hand over exposure records that might help her

identify the virus that infected her. She said Pfizer has claimed exemption

from laws requiring health records to be handed over based on other laws

that protect patent information.

Sharon Noonan Kramer

[Guest guest]

,

Absolutely true. No amount of money can replace her health. But maybe

these labs will think twice before attempt to deny liability. Maybe they will

impliment more safeguards to protect others, like Becky wanted them to do

in the first place.

Wonderful! Not for the poor woman whose health has been compromised. I

feel for her because no amount of money can replace that. $1.37

million is a pittance to Pfizer and not enough for what that employee

has suffered. Good baby step in the right direction.

Barth

www.presenting.net/sbs/sbs.html

SUBMIT YOUR DOCTOR: www.presenting.net/sbs/molddoctors.html

Sharon Noonan Kramer

[Guest guest]

Wonderful! Not for the poor woman whose health has been compromised. I

feel for her because no amount of money can replace that. $1.37

million is a pittance to Pfizer and not enough for what that employee

has suffered. Good baby step in the right direction.

Barth

www.presenting.net/sbs/sbs.html

SUBMIT YOUR DOCTOR: www.presenting.net/sbs/molddoctors.html

---

sac> _http://www.theday.com/article/20100401/BIZ02/100409959/1047_

sac> (http://www.theday.com/article/20100401/BIZ02/100409959/1047)

sac> Ex-Pfizer scientist wins $1.37 million in federal lawsuit

sac> By Lee

sac> Publication: TheDay.com

sac> Hartford — Becky McClain, a Deep River scientist who claims to have been

sac> infected by an experimental virus while working at Pfizer Inc.'s Groton

sac> laboratories, was awarded $1.37 million today by a U.S. District Court

jury.

sac> Workers' rights organizations immediately hailed the verdict, in which

sac> Pfizer also was ordered to pay McClain's attorneys' fees. They said the

outcome

sac> of the federal civil suit was a major milestone for biotech and nanotech

sac> workers everywhere.

sac> " If this could happen at the biggest drug company in the world, it could

sac> happen in other plants, " said Steve Zeltzer, chair of the California

sac> Coalition For Workers Memorial Day, a group that advocates for employees

hurt on

sac> the job. " It's a vindication of the courage shown by Becky to confront the

sac> need to do a proper oversight of the biotech industry. "

sac> The suit, argued during a three-week trial before Judge , has

sac> been closely followed by labor organizations, attorneys and members of the

sac> medical and research community because it is the first federal case

sac> involving a biotech worker who claims to have been harmed by a novel virus

on the

sac> job.

sac> Workers' rights groups have criticized Judge , however, for throwing

sac> out McClain's major claim shortly before the trial began. The claim was

sac> that Pfizer engaged in willful and wanton misconduct in exposing her to a

sac> dangerous work environment that led to health problems that included bouts

of

sac> temporary paralysis.

sac> McClain, a molecular biologist who filed her suit about three years ago in

sac> New London Superior Court, had claimed that Pfizer violated whistleblower

sac> laws. A former member of the company's safety committee, McClain also

sac> charged that Pfizer violated her freedom of speech by terminating her after

she

sac> pressed complaints with the U.S. Occupational Safety and Health

sac> Administration.

sac> McClain's attorney, Bruce E. Newman of Bristol, previously called the case

sac> precedent-setting because there are few government standards regulating the

sac> bioengineering field. Backers of McClain said they hoped the scientist's

sac> victory in court would send a notice to companies everywhere that a safe

sac> working environment is paramount to those who work in biotech specialties

that

sac> deal with potentially lethal organisms.

sac> Pfizer continues to deny all of the suit's charges and said today that the

sac> company is considering its options for appeal.

sac> " We are disappointed with the verdict and do not believe the facts of this

sac> case warrant the conclusion reached by the jury, " Pfizer said in an

sac> e-mailed statement.

sac> " Pfizer is committed to protecting the health and safety of our colleagues

sac> and the communities in which we operate, " the statement continued. " In

sac> addition to our commitment to full compliance with environmental, health,

and

sac> safety laws and regulations, we have company-wide policies, standards, and

sac> programs combined with site-level management systems and initiatives

sac> tailored to the particular safety issues and needs at each location. "

sac> Pfizer previously said it had thoroughly investigated McClain's health and

sac> safety claims and found them to be untrue.

sac> McClain, who worked at Pfizer for nearly a decade before being terminated

sac> in 2005, was employed in Groton's embryonic stem cells program when she

said

sac> she became ill after being subjected to repeated noxious fumes coming from

sac> the hood of a device at Lab B313, according to her suit. She said her

sac> supervisor also became ill, but later conspired to cover up the incident,

sac> warning her that she " would lose her job if she made too big an issue out

of lab

sac> safety, " the suit said.

sac> McClain said she asked for a transfer out of Lab B313 because of ongoing

sac> health concerns. Later, she developed chronic fatigue symptoms, according

to

sac> the suit, and discovered that a co-worker had been working next to her

with

sac> a " dangerous lentivirus material (similar to the AIDS virus) and embryonic

sac> stem cells on an open lab bench without biological containment. "

sac> McClain later went on medical leave, according to testimony, but continued

sac> to raise safety concerns until she received a termination notice during

her

sac> absence.

sac> Backers of McClain said OSHA denied her workplace complaints largely

sac> because federal worker-safety laws have not kept pace with the rising

hazards in

sac> U.S. laboratories. They have called for OSHA to reopen its investigation

of

sac> the McClain case, a cause that may have received a boost from the six

sac> jurors whose verdict was read in court today.

sac> McClain's lawsuit claimed her continued exposure to genetically engineered

sac> viruses had led to a condition that leads to periodic paralysis, joint pain

sac> and fatigue. The attacks, which were particularly severe before the

sac> 52-year-old McClain started taking massive amounts of potassium, have

dissipated

sac> in recent months, according to Mark McClain, the plaintiff's husband.

sac> But McClain has said there is no known cure for the condition, and claims

sac> that Pfizer has refused to hand over exposure records that might help her

sac> identify the virus that infected her. She said Pfizer has claimed exemption

sac> from laws requiring health records to be handed over based on other laws

sac> that protect patent information.

sac> Sharon Noonan Kramer

sac>