Northport Middle School Had 'Toxic' Contaminants, Lawsuit Claims

NORTHPORT, NY — A lawsuit claiming the Northport Middle School building and grounds have been contaminated with "toxic and/or hazardous substances" for many years was filed against the Northport-East Northport Union Free School District last week.

The district "knew or should have known about the presence" of contaminants including volatile and semi-volatile organic chemicals, heavy metals, mold and pesticides, in the air, water and soil of the school grounds, according to the lawsuit, which was filed Sept. 3. Many former students "developed cancer and other serious illnesses," but "all continue to live with the fear of developing latent symptoms and related injuries later in life as a result of their toxic exposure at the School," the lawsuit says.

Northport Middle School graduates face a heightened risk serious health conditions, including cancer; brain, kidney and lung damage; immune system and central nervous system disorders; and endocrine disruption, the lawsuit claims.

The district received the lawsuit and is currently reviewing it with its attorneys.

"Over the course of the past few years the District has conducted extensive environmental testing and remediation, most recently conducted by P.W. Grosser Consulting, Inc. in consultation with representatives from the New York State Department of Health, the Suffolk County Department of Health Services, and the United States Environmental Protection Agency, as well as members of the community and the Northport-East Northport School District," the district said in a statement. "This information is available to the public and can be found on the district’s website."

The middle school reopened recently for the first time since January. PW Grosser Consulting, an environmental firm, deemed the school safe to occupy in a June report but issued several recommendations. The school closed earlier in the year after high levels of mercury and benzene were found in sanitary systems.

Over the years, the district has received numerous complaints from teachers, staff and students regarding noxious odors, nausea, headaches, dizziness, asthma attacks, skin, eye and respiratory irritation and other adverse health symptoms they suffered at the school, the lawsuit claims.

Tara Mackey is the only plaintiff named in the suit. Her daughter attended the middle school from 2015 through 2018. In 2017, there was a chemical spill in the warehouse beneath the K-Wing classrooms, according to the lawsuit.

Mackey's daughter was exposed and injured during her time at the middle school, the lawsuit says. The daughter, referred to as "A.I.M." in the suit, had migraines that "became much more frequent" while she attended the middle school, according to documents.

At the beginning of seventh grade, A.I.M. began experiencing symptoms of intense coughing and lethargy; the symptoms got worse in eighth grade, the lawsuit alleges. A.I.M. was diagnosed with asthma, high levels of carbon monoxide in her blood, and low count platelets, and she was prescribed an inhaler, according to court documents. Her parents and doctors petitioned that she be allowed to switch schools, but all requests were denied, the lawsuit claims. A.I.M.'s health issues were caused by her exposure to contaminants at Northport Middle School, and she now faces "significant risk of future latent injury, diseases and cancers," the lawsuit reads.

The district assured the community multiple times that there was no health risk to anyone at the school, the plaintiff said. Parents who broached concerns over potential environmental hazards at the school and asked for investigations were "severely criticized" by members of the school board and district, the lawsuit claims. Mackey said this created an atmosphere of hostility and intimidation.

Contaminants at the school listed within the lawsuit are: chlordane, lead, mercury, petroleum products, benzene, mold, carbon monoxide, volatile organic compounds and semi-volatile organic compounds. Other toxins, not listed, have been detected at the school, according to the lawsuit.

While no one besides Mackey is named, the lawsuit is "on behalf of all others similarly situated," or the "Class." The class is composed of past and present students who attended Northport Middle School and were exposed to contaminants, according to the lawsuit. The contaminants were ingested, inhaled, or went through the skin during activities, court documents say.

The lawsuit seeks class-action status and financial compensation. Due to the number of graduates of Northport Middle School, more than 10,000 people might have been affected by contaminants, the lawsuit alleges. The exact number of class members is currently unknown, but it can be determined by looking through the school's enrollment numbers, according to the documents.

The plaintiff demanded a trial by jury regarding the complaints filed in the lawsuit, accusing the district of negligence.

Contaminants were discharged, and the district failed to take precautions, conduct maintenance and make repairs, the lawsuit claims. The district allowed the "premises to become and remain unsafe, dangerous, toxic and hazardous to the health of the students," the suit reads.

The lawsuit was filed in Suffolk County Supreme Court by Napoli Shkolnik, a law firm in Melville.