A Civil Action
...ered near the site where the city had drilled two wells, G and H, for drinking water. The CDC concluded that even though the chemicals in the wells were not found to be carcinogenic, organic compounds, including Trichloroethylene, TCE, and other chemical solvents, were found. Even though the EPA had issued a report confirming the widespread contamination of Wells G and H, W.R. Grace and Beatrice Corporation, the two companies close to the wells, were not identified as the sources of the contamination. Mulligan had taken the Woburn case, on a standard contingency fee in late 1980. Jan Schlichtmann, who at that time was working for Reed & Mulligan, was hesitant to take the case. Schlichtmann was concerned with the obvious difficulty of scientifically proving both the pollution of the land and of the groundwater. After acquiring the assistance of Trial Lawyers for Public Justice, a public interest firm, and of a Harvard Law School professor, Schlichtmann agreed to take the case, filing a complaint in 1982. The lawsuit alleged that W.R. Grace and Beatrice Foods had improperly disposed of chemicals contaminating two municipal wells and causing the deaths of the children. Grace, a manufacturing plant producing equipment for the food-packing industry was represented by William Cheeseman and Michael Keating, both Harvard Law school graduates. Beatrice, who owned a tannery called the John J. Riley Tannery, was represented by Jerome Facher, an experienced attorney specializing in litigation. The case was assigned to United States District Judge Walter Jay Skinner, who also studied at Harvard Law School. Discovery in the lawsuit occupied the next four years, making the case immensely complex. With the defendants urging, Judge Skinner decided to "bifurcate" the case. Hence the case was to be tried in two parts. The first part was the hydrological part of the case, followed by the medical part, which would determine if the chemicals caused the injuries to the plaintiffs. Phase one of the trial began in March, 1986, with selection of a jury of six. No one on the jury had expertise with the scientific issues that were in Phase I. Schlichtmann, with the help of hydrology experts, had to prove that Grace and Beatrice were responsible for the pollution. During this part of the case, none of the plaintiff families would testify, and none would even be present in the courtroom. At the end of the testimony, as part of their verdict, the jury was given questions to answer, and if the responses were consistent and affirmative, the trial would then continue to the 2nd phase. The jury responded that there was insufficient evidence against Beatrice, but that Grace had negligently contaminated the wells. However, the jury could not determine when Grace’s chemicals had contaminated the wells. Judge Skinner then dismissed the case against Beatrice, and suggested that he would grant a new trial because the verdict was inconsistent, thus providing an incentive to settle. Eventually, Grace did settle for approximately 8 million, although the company denied any wrongdoing. Although the trial never proceeded beyond phase 1, which lasted 78 days, the case...