Dr. Rosenfeld Served as Expert Witness at Trial
A jury awarded $21.8 million to the estate of Randall Redford in Estate of Randall Redford v. Norfolk Southern Railway Company, finding the railroad 48% liable under the Federal Employers’ Liability Act (FELA) for causing Mr. Redford’s acute myeloid leukemia through decades of occupational exposure to diesel exhaust and creosote. Mr. Redford worked for Norfolk Southern for 38 years as a maintenance-of-way employee and was exposed daily to these known carcinogens. Despite the railroad’s attempt to attribute the cancer solely to smoking, the jury found that workplace toxic exposures played a substantial causal role and awarded damages for medical costs, pain and suffering, and mental anguish from diagnosis through death.
$72 MILLION JURY VERDICT — Dioxin & Furan Exposure from Cerro Flow Copper Smelting (Illinois)
Dr. Rosenfeld Served as Expert Witness at Trial
In October 2021, an Illinois jury awarded $72 million to 12 plaintiffs who developed cancer after decades of exposure to toxic emissions from a secondary copper smelting facility operated by Cerro Flow Products LLC in Sauget, Illinois, a subsidiary of The Marmon Group. The plaintiffs—lifelong residents of East St. Louis neighborhoods surrounding the plant—alleged that for more than 50 years the facility released dioxins and furans through furnace operations and open-pit burning. After a three-week trial involving extensive scientific testimony, the jury found in favor of the plaintiffs, marking what is widely regarded as the largest verdict ever recorded in St. Clair County, Illinois.
$45+ MILLION SETTLEMENT — Odor & Air-Pollution Nuisance (Grain Processing Corporation, Iowa)
Dr. Rosenfeld Served as Testifying Expert (Multiple Depositions)
In a long-running class-action nuisance lawsuit filed in 2012, residents living within 1.5 miles of the Grain Processing Corporation (GPC) corn wet-milling plant in Muscatine, Iowa alleged that decades of smoke, noxious odors, and airborne haze interfered with the use and enjoyment of their properties. After years of litigation—including appeals to the Iowa Supreme Court—the case resolved in 2019 through a settlement requiring GPC to pay approximately $45 million to resolve an estimated 14,000 claims, along with an additional $6.5 million investment in pollution-control upgrades. Settlement allocations were based in part on proximity and modeled air-exposure levels.
$42 MILLION SETTLEMENT — Heavy-Metal Soil Contamination (U.S. Metals Refining Co., Carteret, NJ)
Dr. Rosenfeld Provided Expert Testimony
Property owners in Carteret, New Jersey reached a $42 million class-action settlement with U.S. Metals Refining Co. after alleging that historic smelting operations released lead, arsenic, and other toxic metals into surrounding soils and properties. The settlement, reached in 2023 in Juan Duarte et al. v. United States Metals Refining Co., benefits more than 1,000 current and former homeowners, with compensation based on duration of ownership within the affected area. Plaintiffs alleged that inadequate investigation and remediation diminished property values and posed ongoing health risks.
$10.3 BILLION SETTLEMENT — PFAS “Forever Chemicals” Drinking Water Litigation (3M)
Dr. Rosenfeld Collected and Analyzed Underlying Exposure Data
In 2023, 3M received preliminary court approval for a $10.3 billion settlement resolving hundreds of lawsuits brought by public water providers nationwide alleging contamination of drinking water with per- and polyfluoroalkyl substances (PFAS). One of the largest environmental settlements in U.S. history, the agreement funds PFAS testing and treatment for municipal water systems over a 13-year period, primarily addressing contamination linked to firefighting foams. The settlement advanced after revisions addressed state objections while preserving states’ rights to pursue separate claims.
$450 MILLION SETTLEMENT FRAMEWORK — MTBE Groundwater Contamination (Lyondell Chemical)
Dr. Rosenfeld Collected and Evaluated Underlying Exposure Data
In nationwide multidistrict litigation concerning methyl tertiary butyl ether (MTBE) groundwater contamination, claimants challenged a proposed $450 million settlement plan associated with the bankruptcy proceedings of Lyondell Chemical Company. The settlement framework sought to resolve MTBE liability claims brought primarily by public water suppliers and governmental entities, alleging widespread drinking-water contamination caused by MTBE-blended gasoline. Claimants objected to the plan, arguing it inadequately reflected the scope of contamination and long-term remediation costs, highlighting the complexity of resolving large-scale environmental liabilities.
$105 MILLION SETTLEMENT — Atrazine Drinking Water Contamination (Syngenta)
Dr. Rosenfeld Collected and Analyzed Underlying Exposure Data
In a longstanding class-action lawsuit involving atrazine contamination of municipal drinking water, Syngenta agreed to a $105 million settlement resolving claims by nearly 2,000 community water systems across the United States. Plaintiffs alleged that the widely used herbicide entered water supplies, forcing costly testing, monitoring, and treatment over many years. Approved after nearly eight years of litigation, the settlement reimbursed eligible water providers based on historical contamination levels and related factors, without any admission of liability.
