A dozen people who sued the owners and tenants of a Carson warehouse over foul odors emanating from the Dominguez Channel waterway, which led to hospital visits and headaches, won a multimillion-dollar settlement Friday.
Those plaintiffs were awarded $6 million in punitive damages and $2.89 billion in compensatory damages in a major tort lawsuit that begins in 2021.
“Carson is a community of cleaners, barbers, bus drivers and longshoremen,” said attorney Gary Praglin of the Santa Monica-based law firm Cotchett, Pitre & McCarthy. “The defendants forced us to go to trial because they did not want to pay these people and this is to see their suffering.”
Punitive damages will be divided equally among the 24 residents of the Carson area, up to $250,000 each. Compensation costs for medical claims were between $40,000 and $240,000 per client.
What remains to be seen is what happens to the additional 13,750 claimants who are also seeking compensation.
The court will determine the next steps, whether that is further litigation or settlement. But if the remaining plaintiffs ultimately receive similar compensation, “we’re talking about the largest recovery for toxic fumes in California history,” Praglin said.
On the hook for damages are San Francisco-based logistics company Prologis and its subsidiary Liberty Property LP, which owns a warehouse along the Dominguez Channel in Carson. Prologis did not respond to an email seeking comment Friday.
Also named among the defendants are the Nourollah brothers of Los Angeles, who owned two businesses – Fragrance and Daily Imports – that operated the property.
A call to Nourollah’s attorney was not immediately returned Friday.
The lawsuit is one of several lawsuits against the same group of defendants, including one filed by the California State Water Quality Control Board.
The origin of the legal action dates back to September 30, 2021, when a major fire destroyed a warehouse and distribution center of the cosmetics company Virgin Scent. The fire lasted for several days as well requires the assistance of 200 firefighters to turn off.
The warehouse and surrounding areas were filled with stacks of pallets and cardboard boxes containing ethanol-based hand sanitizer, according to court documents.
The fire happened days before it started Food and Drug Administration issued a warning that some Virgin Scent hand sanitizers contain unacceptable levels of benzene, acetal and acetaldehyde, each of which is harmful and may cause cancer.
Although the fire was eventually extinguished, piles of charred debris and hand sanitizer were left around the warehouse, according to court documents.
That debris ended up in storm drains that flow into the Dominguez Channel, controlling the flow of water in surrounding communities.
These toxic elements settled in the then stagnant water of the channel, which led to the death of all vegetation and the release of foul-smelling hydrogen sulfide.
Citizens began to complain about An “unbearable” smell that they say causes headaches, nausea, and itching of the eye, ear and nose. The Carson City Council finally announced a public health concern in October 2021.
Within a month, at least 3,000 residents left Carson for hotels outside the area provided by Los Angeles County. Thousands of others have chosen air purifiers.
The South Coast Air Quality Management District responded to more than 4,700 odor complaints during the first month from residents in Carson, Gardena, Long Beach, Redondo Beach, Torrance and Wilmington.
I The agency eventually issued five notices violation of the Virgin scent for a various violations, including emitting “such quantities of air pollution as to cause harm, injury, annoyance or annoyance to a large number of persons.”
