Michigan Supreme Court Rules in Dow's Favor in Dioxin Case

"Residents cannot sue Dow Chemical Co. to pay the cost of testing for future dioxin-related health problems, the Michigan Supreme Court ruled Wednesday.

High levels of dioxin -- a toxin linked to cancer, birth defects and other health problems -- have been found along the Tittabawassee River near Dow's plant in Midland. More than 170 residents filed a lawsuit asking that Dow set up a medical monitoring trust fund to pay for dioxin testing.

In a 5-2 opinion, the court said medical monitoring is not recognized as a legal claim in Michigan and suggested the state Legislature is better suited to take up the issue."

This article appeared in its entirety in the July 13, 2005 edition of the Detroit Free Press.