Lawyers laying foundation for case against arsenic

Suit contends arsenic in dust led to leukemia

Last updated Thursday, September 7, 2006 10:45 PM CDT in News

By Ron Wood
The Morning NEws

Most of the litter was from broiler chickens and cornish hens, which are routinely fed Roxarsone to prevent parasites and improve growth. Breeder chickens and laying hens are not usually given the additive.

Also worked into evidence were feed tickets provided to farmers showing when they received feed containing Roxarsone.

The plaintiffs in the case are working under the theory that Roxarsone passes through the birds and degrades into a harmful form of arsenic in the litter, which is then spread on farm fields as fertilizer. Wind then carries the dust into homes and schools in the community.

The plaintiffs claim dust samples from attics, homes and businesses in the area have high levels of arsenic. The samples have allegedly been matched through "fingerprinting" to litter applied on nearby fields, according to the suit.

Patrick Pilkington, a veterinarian and vice-president for live production services for Tyson Foods, told jurors the company quit using Roxarsone in 2004 as a public relations move after concern arose about arsenic concentrations in chicken meat and had nothing to do with the Green lawsuit. Tyson was a defendant in the case but was dismissed last month after Circuit Judge Kim Smith said there was no case against the world's largest poultry producer. He also dismissed other local poultry companies.

Pilkington also said he's not aware of anyone claiming injury from exposure to chicken litter other than the present lawsuits from Prairie Grove residents.

Tyson's use of Roxarsone is approved and monitored by the federal Food and Drug Administration, Pilkington said. And, the FDA inspects feed mills and audits records related to the use of Roxarsone, also called 3-Nitro, in chicken feed.

Patsy Ellison, a former Prairie Grove resident testified Thursday she saw litter being spread on fields adjacent to the schools at least once a week and sometimes more. Ellison said it smelled like ammonia and the fumes bothered her lungs.

Ellison, who is a client in another lawsuit involving similar allegations, said dust from spreading got into her home where it settled on all the furniture and window sills. The dust also was blown across playgrounds, practice fields, ball fields and into school buildings when children were present, Ellison said.

Fast Fact

Changing To Commercial

Farmers in Arkansas are using more commercial fertilizer and less chicken litter because the state Legislature approved new regulations for the spreading of chicken litter in 2003 in response to complaints from Oklahoma about pollution in the Illinois River. The regulations are aimed at reducing high phosphorus levels in the region's waterways.

Source: Staff Report

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