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Foust v. Southeastern Pennsylvania6/29/2000
requency of the monitoring will depend upon the factors set forth above by Defendants and will therefore be relevant at that time.
e. Proof of Negligence
Defendants note that PCB transformer fluids were first used forty years ago and that the putative class in this case includes individuals who worked or lived near the Railroad Yard for varying periods of time. Defendants' culpability, they assert, will vary from plaintiff to plaintiff because scientific knowledge of PCBs has evolved over time.
Plaintiffs respond, stating:
The trial court correctly recognized that issues concerning Defendants' negligence such as the circumstances surrounding spills, leaks and discharges of PCBs; whether Defendants were negligent in the handling or disposal of PCBs; whether Defendants knew of the alleged hazards of PCBs and failed to warn Plaintiffs; issues regarding punitive damages; and Defendants' common defenses, can be established on a classwide basis. (Plaintiffs' Brief at page 36).
It is far more preferable, Plaintiffs assert, to handle these issues in one trial as opposed to in multiple ones.
Holding:
Having reviewed the record, we conclude that the trial court did not abuse its discretion when it concluded that there are questions of law or fact common to the class. Defendants' assertions to the contrary, it is apparent that Plaintiffs' claims arise from the same course of conduct and that these claims can be efficiently and economically proven in one cause of action. While individual issues may arise, including length and extent of exposure, age, gender, medical history, family history, lifestyle, preexisting conditions, intervening factors and the like, these items will be addressed when and if a medical monitoring program is created. Thus, in light of the liberal attitude afforded the grant of class action status, we must affirm the trial court's decision.
III. Fairness and Efficiency
In essence, Defendants argue that because individual issues predominate, a class action will not be the fairest and most efficient method of trying this case. Defendants go on to list a number of different methods of litigating this action including, inter alia, a two phase trial (exposure-related issues followed by culpability-related issues) of all claims of the ten or twenty plaintiffs with the highest PCB blood levels or a bellwether group of twelve plaintiffs (six workers and six residents) selected for trial of all pending claims. (See Defendants' Brief at pages 48-49).
In determining fairness and efficiency, a court must balance the interests of the litigants, present and absent, and of the court system. Janicik. It has been held that courts must strike this balance keeping in mind that a class action is inherently a "procedural device designed to promote efficiency and fairness in handling large numbers of similar claims." Janicik, 451 A.2d at 461. As the Court of Common Pleas of Philadelphia County recognized in the case of In re Pennsylvania Diet Drugs Litigation, 41 D. & C. 4 th 78 (1999):
To make out a medical monitoring claim, plaintiffs are required to support each element with substantial expert testimony. A plaintiff who successfully proves each element will only be entitled to a limited amount of damages-expenses incurred in monitoring the condition for which they are at an increased risk of getting because of defendants' negligence...Given the prospect of a limited damage award, an asymptomatic plaintiff who brings an individual medical monitoring claim is likely affluent and profligate. Furthermore, plaintiffs with smaller-but not less meritorious-claims will likely not p
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