Products Liability Law Reporter

James Graham worked at the General Mills industrial plant in Hannibal, Mo., from 2005 to 2012. During his employment, he was exposed to toxic chemicals and flavorings, including diacetyl and 2,3 Pentanedione. He developed bronchiolitis obliterans syndrome—sometimes called “popcorn lung”—resulting in pulmonary impairment.

Graham sued Givaudan Flavors Corp., which designed, manufactured, supplied, or distributed 17 toxic flavorings supplied to General Mills. Claims included negligence, strict liability, failure to warn, and failure to instruct. The plaintiff asserted that the defendant had failed to make feasible improvements in the design, composition, or manufacture of the flavorings, which would have decreased the foreseeable risk to users. Suit also alleged the defendant had failed to disclose to all foreseeable users the results of its own scientific research, discoveries, and advances indicating that the use of their flavorings posed serious risks of harm. The plaintiff sought punitive damages, arguing that the defendant had been aware its flavorings were hazardous and had a high degree of probability of causing severe and permanent lung disease to those exposed.

Before trial, the trial court denied the defendant’s motion for summary judgment.

The jury awarded more than $58.63 million.

Citation: Graham v. Givaudan Flavors Corp., No. 20MMCV00011 (Mo. Cir. Ct. Marion Cnty. Nov. 21, 2024).

Plaintiff counsel: Ben H. Fadler, Steven A. Ketchmark, Griffin W. Albaugh, and Scott A. McCreight, all of Leawood, Kan.; and Tom R. Burcham, Farmington, Mo.

Plaintiff experts: Linda Schwieger, life care planning, and William Rogers, forensic economics, both of St. Louis; Adam Finkel, occupational exposure & causation, Ann Arbor, Mich.; and Charles Pue, critical care & pulmonology, Sarasota, Fla.