Tyson Foods Inc. Faces Legal Action

Several poultry companies with operations in Northwest Arkansas have been named in a lawsuit that alleges the dust from chicken litter is to blame for the unusually high number of cancer cases and various other medical problems in Prairie Grove and surrounding communities in Washington and Benton counties.

The lawsuit was filed Nov. 27 in Hinds County, Miss. It seeks $55 million for actual damages and $100 million in punitive damages. Named in the lawsuit are Tyson Foods Inc. of Springdale, George’s Farms of Springdale, Peterson Farms Inc. of Decatur, Simmons Poultry Farms Inc. of Siloam Springs, Cal-Maine Farms Inc. (with operations in Lincoln), and Cargill Inc. (with operations in Springdale).

The Arkansas Department of Health reviewed a study of Prairie Grove’s soil, water and air from 2001 after an investigation into the high cancer rate in the west Washington County town of about 2,600. It gave Prairie Grove a clean bill of health. The Department has requested copies of the current lawsuit.

Fifty families hired lawyers for the lawsuit. Among the plaintiffs are Keith and Patsy McWhorter on behalf of their son, Hunter McWhorter, 6, and Michael “Blue” Green, 18, of Prairie Grove.

Hunter McWhorter has cystic fibrosis. Green has leukemia. The McWhorters moved from Prairie Grove to Brandon, Miss., due to their health concerns.

Morril Harriman, executive director for the Poultry Federation, expressed concern about the lawsuit being filed in Mississippi since that state was known for its plaintiffs-friendly juries, often awarding large verdicts.

Poultry officials have said they believe the lawsuit has no merit and is just another “ambulance-chasing” effort by lawyers.

However, dust samples were taken from homes, schools and businesses in Prairie Grove showed high levels of arsenic, fungi and mold spores, copper and zinc, according to one lawyer for the plaintiffs. The Louisiana lawyer said the samples had been matched through “fingerprinting” to litter applied on fields in the Prairie Grove area.

• Tyson Foods announced on Dec. 9 that its board of directors declared a quarterly dividend of 4 cents per share on Class A common stock and 3.6 cents per share on Class B common stock payable on March 15 to shareholders of record at the close of business on March 1.