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Conde's Nightmare

Part Three - Conde's Lawsuit

In 1990, the Condes hired David Kopech of the Columbus firm of Rishel, Myers and Kopech. Kopech took up where previous lawyers left off trying, among other things, to locate blood, urine and biopsy samples. Between April and September 1987, the Condes had made five trips to the University of Virginia to participate in a research project on chlordane. Blood and urine samples were taken from all five Condes. Conde and his wife, on three separate occasions, also underwent painful biopsies of fatty tissue from their buttocks. Part of the study required that they drink "nasty and nauseating" oils three times a day for three six week periods. The object was to see whether chlordane metabolites would bond with the oils and be eliminated with them. Though the Condes had been assured their test results would be available to their lawyers, neither the Condes nor the attorneys ever received a report. The researchers now say the samples were never analyzed and that in the years since 1987, the Condes' blood, urine and tissue samples disappeared from a University of Texas Medical School refrigerator where they were stored. Though more recent blood and urine samples are available, the Condes believe those from 1987 would reveal significantly higher amounts of chlordane residuals. In the meantime, the lawsuit against Velsicol dragged on. With its 18 volumes stacked, the file in Columbus would be six feet tall. Kopech was able to negotiate an out-of-court settlement of $150,000 with SWAT Exterminators. SWAT's insurer wrote the check, and Kopech's firm got a third of it. What was left didn't begin to cover their losses, Conde said. SWAT has since changed hands, and the present owners were not involved in the application at the Condes' home. In 1990, the Condes turned down a settlement offer from Velsicol for $50,000 and in so doing made themselves liable for the legal fees for Velsicol's defense, Kopech said. Last year, Veliscol began filing motions for dismissal of the Condes' claims. The Condes were shocked in November when Judge George Smith dismissed their medical claims. They were devastated in December when he also dismissed their claims of property damage. A lawsuit against State Farm is the only one pending. The judge refused to comment on the Condes' case, but the dismissal order indicates he doesn't think there's enough evidence to convince a jury that chlordane exposure caused the Condes' symptoms. And if chlordane didn't cause the symptoms, there is no basis for a claim that their home is not habitable. "That's not fair," Conde said. "The judge should have let us tell our story to a jury, and let the jury decide." The Condes plan to appeal, but "we're talking about a lot more time and money," their lawyer said. Conde has taken a leave of absence from his residency at Good Samaritan. He says he can't afford to complete it. He feels a responsibility to provide his family with a normal life, but he can't until he shakes the depression that's taken hold of him. "Jim will snap back," Rhonda said. "He'll be OK. It's just going to take a while."