NC State blames Monsanto for building shutdown, multiple personal injury claims

RALEIGH, N.C. — N.C. State University filed a lawsuit this week against Monsanto over the contamination in Poe Hall.

The building was said to be connected to hundreds of cancer cases and other illnesses, which ultimately led to the decision to close it.

The university has been back in session for weeks, with students and staff greeting one another on campus.  

But a former university hallmark is getting the cold shoulder.

N.C. State closed Poe Hall in 2023, after it tested positive for PCB, a chemical compound that health experts say is toxic and can cause cancer.

The school filed a lawsuit against the chemical company Monsanto on Wednesday, saying it’s to blame.

UNC School of Law professor Don Hornstein looked over the lawsuit and said N.C. State wants a declaratory judgment.

“We want the court to declare that they’re liable, which, among other things, would mean they would have to reimburse us, N.C. State, for any money we may owe the victims, the actual people that may be able to prove they were injured by these PCBs,” Hornstein said. 

The lawsuit states that the company manufactured the PCBs into the materials used to construct the building decades ago.

It alleges that Monsanto marketed the PCB mixtures as non-toxic, knew the claim was false, but did not tell the university.

Hornstein said some of the claims made by the university sound like strict liability for Monsanto.

“Which means because we’re dealing with these toxic chemicals, they are subject to sort of a unique set of law that makes the person ultimately responsible, like, immediately responsible,” Hornstein said.

The lawsuit states that expert analysis discovered the PCBs were coming through the building’s HVAC system, resulting in hundreds of cancer cases and other related illnesses.

Hornstein said N.C. State has a strong case for a new building and any possible liability that may come from personal injury claims.

“N.C. State definitely has a colorable case. It’s not a slam dunk. Obviously, Monsanto will have its defenses, but on the face of it, it alleged a dozen different ways that it believes that Monsanto is liable,” Hornstein said.

Hornstein said if this case goes to trial for the full length of time, it could take years.

Spectrum News 1 reached out to Monsanto, which provided the following statement. 

“The Company believes these claims lack merit and will respond in court in due course. Monsanto discontinued its production of bulk industrial PCBs nearly five decades ago, conducted hundreds of studies on PCB safety, and provided appropriate warnings to its sophisticated industrial customers based on the state-of-the science at the time. Any PCB-containing building products used in Poe Hall or other buildings on campus were manufactured, sold and installed by sophisticated third-parties, and maintained by the University.”