ORLANDO – Lockheed Martin Corp. is defending itself against lawsuits alleging that its Missiles and Fire Control facility mishandled chemicals, including perfluoroalkyls, or PFAs, leading to long-term ground and water chemical contamination.
In a Nov. 30 motion to dismiss a class-action complaint, filed by plaintiff Phyliss Grayson in federal court in the Middle District of Florida, Lockheed Martin attorneys argued that the lawsuit seeks damage demands that go far beyond what a Florida medical-monitoring law provides.
Grayson, an Orlando resident, claims her exposure to chemicals increases her risks of developing an illness in the future and that the exposure merits a lump-sum damages payment for a medical-monitoring program. Lockheed Martin attorneys, however, argue that applying the medical-monitoring provisions in state law requires a finding of negligence, as well as other prerequisites.
Mike Morgan is one of the Orlando attorneys who filed the lawsuit against Lockheed Martin.
The class as proposed in the lawsuit is also overly broad, the company says. It would encompass every person who has ever lived or worked in an 80-square-mile region over a 35-year period, the complaint states, indicating that such an “ascertainable” class should be dismissed.
The chemicals alleged to have been mishandled at the Orlando weapons site since the 1950s include heavy metals, volatile organic compounds and the PFAs, the latter of which are mandated for use at airports for firefighting tasks and widely used by the military. PFAs have been linked by some studies to elevated cancer risks and developmental disabilities, and Congress has debated regulating their use.
Vapor-extraction systems used to remove chemicals from the soil at the facility also resulted in air pollution, according to Grayson’s original lawsuit.
A Lockheed Martin spokeswoman said the company has carefully reviewed the allegations in the Grayson lawsuit as well as another similar legal complaint.
“The facts are clear and simple, and our filings on Nov. 30 will help begin to set the record straight,” Brittny Sherlock told the Florida Record in an email. “Since 1958, the skilled and talented workforce at Lockheed Martin has complied with all laws, and performed under government oversight, in conducting critical work at the Sand Lake Road facility, which plays an important role in keeping our nation safe.”
The plaintiffs’ allegations in the lawsuits lack merit, and no evidence exists to show that anyone has been harmed, Sherlock said.
“We will continue to vigorously fight this litigation,” she said.