Ten years ago, the concussion issue was a modest blip in the sports industry, hardly the crisis that it is today.
Will the issue around cancer and synthetic turf fields follow a similar course?
The Environment and Human Health, Inc. (EHHI), an organization of physicians and public health professionals, has provided evidence recently, which suggests the answer may be yes.
The evidence, in the form of a study done at Yale University, revealed that of the 96 chemicals in the rubber tire infill used in synthetic turf, many of which are toxic.
Gaboury Benoit, Ph.D., Yale Professor of Environmental Chemistry and Engineering and lead investigator of the study, said “the shredded tires contain a veritable witch’s brew of toxic substances. It seems irresponsible to market a hazardous waste as a consumer product.”
David Brown, Sc.D. Public Health Toxicologist, sought to connect the dots, noting that “chemicals are usually assessed for their toxicity one chemical at a time. Synergistic effects of being exposed to numerous chemicals at the same time is not known. From the data of this new study, it is reasonable to assume that persons playing on synthetic turf fields with rubber tire infill or toddler playgrounds surfaced with rubber tire mulch are being exposed concurrently to multiple chemicals.”
Plaintiffs’ Attorneys Become More Proactive
As links are found, the legal community invariably will move in as it has done with the concussion crisis. Milberg LLP, for example, noted in early September that it is “actively investigating the link between ‘crumb rubber’ used as infill in artificial turf or synthetic turf infill and various health problems. … (R)ecent studies have called into question the long term effects of exposure to crumb rubber and the harmful chemicals it is known to contain.”
Further, there is “a growing concern that athletes, particularly soccer and lacrosse goalies, are at heightened risk from the constant exposure associated with their training.
“Additionally, cities, municipalities, and school districts across the country have been forced to re-evaluate their decisions about artificial turf.”
Leading the charge for Milberg is partner Ariana Tadler, who has more than 20 years of experience litigating and managing the full spectrum of complex and high profile cases on behalf of consumers.
Tadler has the added credential of being a state champion lacrosse goalie while at Manhasset High School, who played collegiately at Hamilton College, and in 2008 was inducted into the Manhasset Lacrosse Hall of Fame.
“My history as an athlete makes me particularly interested in protecting fellow athletes who may have been harmed by Crumb Rubber,” she said.
If Tadler does bring a claim on behalf of plaintiffs, she won’t be the first. Seven years ago, the Attorney General in California brought a claim against turf makers over the lead in the product. That claim was ultimately settled.
Manufacturers Challenge the Findings
New studies may fuel a rise in litigation, even as manufacturing executives challenge the findings. Darren Gill, vice president of marketing for FieldTurf, a manufacturer of artificial turf, recently told a Montana newspaper that the “Yale study is the furthest thing from a study.”
He cited the recent findings of Laura Green, a founder and senior toxicologist of Cambridge Environmental as well as a diplomat of the American Board of Toxicology, who suggested that there has not been a scientifically valid study linking synthetic fields to cancer.
