BENTON – Senior U.S. District Judge Phil Gilbert appointed attorney Britt Sowle of Edwardsville to find out whether prisoner Robert Christopher Adams might have a viable injury claim against DuPont.
Sowle, who entered his appearance on Jan. 14, must first achieve service of a suit Adams wanted to serve on DuPont but couldn’t.
Sowle must also obtain an information sheet Adams requested.
“All this should be accomplished by February 19, 2021,” Gilbert wrote.
Adams signed a complaint at Western Illinois prison in Mount Sterling in June and mailed it to district court.
He sought $75 million in compensatory and punitive damages and all medical expenses for colitis.
He blamed exposure to C-8, a trade name for ammonium perfluorooctanoate.
He wrote that a lawsuit was settled and it was ruled that if anybody after the settlement contracted any of eight illnesses he would get restitution.
In August, he moved to stay the suit for 60 days so he could find counsel.
Magistrate Judge Mark Beatty granted it.
In September, Adams filed names, addresses, and telephone numbers of three lawyers who refused his case and one who might take it.
A limit of 90 days on service ran out, but in light of the stay Beatty extended it to Oct. 20.
Adams moved for an extension on Oct. 8.
He also moved for legal counsel, “for only the purpose finding out the address to DuPont and send them a copy of my claim because I myself lack the resources to find their address because I don’t have access to the Internet or any other way to inform them of my claim against them.”
Beatty denied both motions on Oct. 15.
“Plaintiff does not provide the court with any names of any attorneys he has previously contacted,” Beatty wrote.
Adams requested counsel again on Oct. 23.
“This honor court has forgotten that I sent the names and phone numbers to the lawyers that I contacted to represent me,” Adams wrote.
“Since this court thinks I’m lying about not being able to obtain the address and phone number to DuPont without outside assistance nor access to the Internet, 311 or 411 for information.”
He wrote that one of the lawyers didn’t return $500.
Beatty denied the request on Oct. 27.
He wrote that he conducted a Google search and found two of the attorneys handled criminal defense and two handled products liability.
“Plaintiff appears to be proceeding on a product liability issue in the present matter,” Beatty wrote.
“Contacting attorneys who cannot possibly accept his case does not constitute a reasonable attempt to obtain counsel.”
He ordered Adams to serve DuPont or show why the court shouldn’t dismiss the suit without prejudice.
Adams moved for an extension on Nov. 2, petitioned for a marshal to serve the suit, and again requested counsel.
“I keep saying it’s impossible for me to call 411 or 311 or to get on the Internet to get DuPont’s address yet this part is extremely ignored,” Adams wrote.
On Dec. 1, he filed names, addresses and numbers of two more lawyers.
Lack of service put Beatty in an odd position because both parties must consent to magistrate jurisdiction and DuPont hadn’t done that.
Beatty sent the suit to the clerk on Dec. 16, and the clerk assigned Gilbert who dismissed it the next day.
Adams moved for reconsideration on Jan. 5.
“I’ve tried all of the options that I have which is very limited,” Adams wrote.
On Jan. 7, Gilbert vacated his order dismissing the suit.
He wrote that DuPont settled an action with more than 70,000 persons from six water districts in the Southern District of West Virginia.
“Since that settlement, there have been numerous personal injury cases arising from that C-8 discharge,” Gilbert wrote.
“The court believes it is possible that Adams may have a viable lawsuit related to this family of lawsuits.”
He appointed Sowle, who practices at Cavanagh and O’Hara.