Polychlorinated biphenyls — commonly known as PCBs — are among the most persistent and dangerous toxic chemicals ever manufactured. Despite being banned in the United States in 1979, PCBs continue to contaminate the environment, buildings, and water supplies across the country, including in New Mexico. The ongoing health risks posed by PCB exposure have fueled a growing wave of product liability lawsuits against the companies that manufactured and distributed these chemicals for decades.
Monsanto (now owned by Bayer AG) was the sole manufacturer of PCBs in the United States from 1935 to 1977, producing approximately 1.5 billion pounds of the chemical. Internal documents have revealed that Monsanto was aware of the health and environmental dangers of PCBs for years before production ceased — yet continued manufacturing and selling them. Today, municipalities, school districts, businesses, and individuals are pursuing product liability claims seeking compensation for contamination, cleanup costs, and health-related damages.
What Are PCBs and Why Are They Dangerous?
PCBs are synthetic chlorinated compounds that were widely used in electrical equipment (transformers, capacitors), hydraulic fluids, lubricants, plasticizers, and building materials such as caulking, paint, and fluorescent light ballasts. Their chemical stability and resistance to heat made them valuable for industrial applications — but those same properties make them extraordinarily persistent in the environment.
PCBs do not break down easily. They accumulate in soil, water, and the food chain, concentrating in the fatty tissues of fish, animals, and humans. The health effects of PCB exposure include:
- Cancer — PCBs are classified as “known human carcinogens” by the International Agency for Research on Cancer (IARC) and as “probable human carcinogens” by the EPA. They are linked to liver cancer, non-Hodgkin lymphoma, and melanoma.
- Immune system damage — PCB exposure suppresses immune function, increasing susceptibility to infections and disease.
- Neurological effects — Particularly concerning for children, PCB exposure has been linked to reduced IQ, learning disabilities, and behavioral problems.
- Reproductive and developmental harm — PCBs can disrupt hormonal function and have been associated with reduced fertility, low birth weight, and developmental delays.
- Liver and thyroid damage — Chronic exposure can cause liver disease and thyroid dysfunction.
PCB Contamination in New Mexico
New Mexico is not immune to PCB contamination. PCBs have been found in soil and groundwater at former military installations, industrial sites, and utility facilities across the state. The Kirtland Air Force Base in Albuquerque, for example, has been the subject of environmental remediation efforts involving multiple contaminants, including PCBs. Additionally, older buildings — including schools, government buildings, and commercial properties — may contain PCB-laden materials such as caulking, fluorescent light ballasts, and electrical equipment.
For New Mexico residents, exposure can occur through contaminated water, soil, air (from deteriorating building materials), and consumption of fish from contaminated waterways.
The Legal Landscape: PCB Product Liability Lawsuits
Municipal and Government Claims
Cities, counties, and water utilities across the country have filed lawsuits against Monsanto/Bayer seeking compensation for the costs of testing for, monitoring, and removing PCB contamination from water systems, stormwater infrastructure, and public properties. These claims allege that Monsanto knew PCBs were toxic and persistent but continued to sell them and failed to warn purchasers of the risks.
School District Claims
Numerous school districts have sued over PCB contamination in school buildings. PCBs were commonly used in caulking, window glazing, and fluorescent light ballasts in buildings constructed between the 1950s and 1970s. As these materials deteriorate, they release PCBs into indoor air and dust, exposing students and staff. Remediation costs for a single school can run into millions of dollars.
Individual Health Claims
Individuals who have developed cancer or other serious health conditions after PCB exposure — whether occupational, environmental, or through contaminated buildings — may file personal injury claims against the manufacturers.
Legal Theories in PCB Cases
PCB product liability claims in New Mexico can be based on several legal theories:
- Strict liability — Under New Mexico law, manufacturers are strictly liable for injuries caused by defective products, including products that are unreasonably dangerous due to inadequate warnings.
- Failure to warn — Monsanto’s internal documents show the company was aware of PCB health risks but failed to adequately warn users.
- Negligence — Monsanto failed to exercise reasonable care in manufacturing, marketing, and disposing of PCBs.
- Public nuisance — PCB contamination of public waterways, soil, and buildings constitutes a public nuisance that the manufacturer should be required to remediate.
Statute of Limitations and Discovery Rule
New Mexico’s statute of limitations for personal injury claims is three years (N.M. Stat. § 37-1-8). For latent diseases caused by toxic exposure, the “discovery rule” applies — the limitations period begins when the plaintiff knew or should have known that their injury was caused by PCB exposure. This is particularly important for PCB cases, where health effects may not manifest for years or decades after exposure.
Compensation in PCB Cases
Depending on the type of claim, recoverable damages may include:
- Medical expenses for treatment of PCB-related illnesses
- Lost wages and diminished earning capacity
- Pain and suffering
- Property remediation and cleanup costs
- Diminished property values
- Monitoring costs for ongoing contamination
- Punitive damages for egregious corporate conduct
Frequently Asked Questions
Are PCBs still a health risk even though they were banned in 1979?
Yes. PCBs are extremely persistent and do not break down easily in the environment. They continue to contaminate soil, water, buildings, and the food chain. Exposure remains a significant health risk, particularly for people living or working in contaminated areas or older buildings.
How do I know if I’ve been exposed to PCBs?
Exposure can occur through contaminated water, soil, air in older buildings, and consumption of contaminated fish. If you worked in industries that used PCBs, lived near contaminated sites, or spent significant time in buildings constructed before 1980, you may have been exposed. Blood tests can measure PCB levels in your body.
Can I sue for PCB exposure if I’m not sick yet?
Generally, product liability claims require proof of actual injury. However, property owners may sue for contamination cleanup costs and diminished property values regardless of personal health effects. If you develop a health condition in the future, you may file a claim at that time under the discovery rule.
Who is responsible for PCB contamination?
Monsanto (now Bayer AG) was the sole U.S. manufacturer of PCBs and is the primary defendant in most PCB litigation. However, companies that used, distributed, or improperly disposed of PCBs may also bear liability.
Contact Dominguez Law for a Free Consultation
If you or your community has been affected by PCB contamination, you may have legal options. At Dominguez Law, we have the experience and resources to pursue complex product liability claims against large corporations. Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
