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Freedom Industries' 'Accident' - A Giant Chemistry Experiment which has Forever Changed the Lives of Hundreds of Thousands of West Virginians and which will take Decades to Fully Understand

I lived in the heart of the Kanawha Valley a/k/a "The Chemical Valley" for twelve years before leaving in 2009. Having a degree in chemistry, it amazed and perplexed me that chemical plants and storage tanks were permitted to operate in the midst of such a populated area, directly on the banks of rivers which provided drinking water to hundreds of thousands. I would see these facilities and wonder what chemicals were stored there and if anyone was really paying attention to what chemicals were where. Was anyone paying attention to how the chemicals interacted with one another if there was a system failure or accident and the chemicals came in contact with one another? Was anyone paying attention to whether the storage tanks were sufficient to withstand potential interactions with and among chemicals they were holding? Did anyone know what would happen in the event of a leak? Did anyone know the effects of human exposure to these chemicals? Were there mechanisms in place to protect the drinking water? When I would voice these concerns, my friend and colleagues would act like I was crazy. They, of course, assumed the answer to all of these questions was a resounding "yes". They trusted the "good corporate citizens" and the governmental regulators. Many thought these companies were overregulated. The events which began at Freedom Industries on January 9, 2014 proved their trust was misplaced and have forever changed the lives of the hundreds of thousands of West Virginians who have been exposed to both known and unknown chemicals and chemical combinations. Much has already been said about Freedom Industries' blatant disregard for the citizens of West Virginia when it failed to even report that the toxic chemical, Crude MCHM, had leaked into the Elk River just above the main water system intake station. It took hours for a "do not use" order to be issued and countless men, women and children ingested water contaminated with this toxic chemical in the interim. But what else were they exposed to? We just don't know and we may never fully know. Twelve days after the spill, Freedom Industries disclosed that a second chemical, identified as "PPH, stripped" also leaked from the storage tanks. Like Crude MCHM, little is known about PPH, stripped, or its effect on humans. Unlike Crude MCHM, which avoided many chemical industry disclosure requirements through a regulatory "grandfathering" loophole, information regarding PPH, stripped, has been withheld from public disclosure as "proprietary" information. After learning that Freedom Industries had not immediately disclosed the involvement of PPH, stripped, in the spill, the West Virginia DEP ordered Freedom Industries to disclose all materials spilled. Freedom Industries claims only Crude MCHM and PPH, stripped, were involved. Given Freedom Industries' recent history, it would be reasonable to question the veracity of this statement. The failure of Freedom Industries to immediately disclose all involved chemicals and the failure of governmental authorities to demand full and immediate disclosure has further jeopardized the health and safety of West Virginians because it has hindered the ability to effectively attempt to remediate the spill and minimize its consequences. It is basic science. Chemicals can interact with one another. Consider this hypothetical. Chemical A and Chemical B leak from an aging storage tank. A is non-toxic and does not have adverse human health effects upon exposure in its native state. B causes flu-like symptoms if ingested by humans in quantities of 10 ppm. A & B are friendly compounds that do not interact with one another. Chemical C interacts with B to transform it to chemical D which has no adverse health or safety effects. However, chemical C reacts with chemical A to form the highly toxic, colorless and odorless chemical E - a substance that when ingested by humans is known to cause cancer in quantities as low as 0.0001 ppm. Unaware that chemical A is present, those responding to the spill utilize C to neutralize B and unknowingly create E which goes undetected until it is disclosed that A was present all along. The failure to immediately disclose the presence of A resulted in humans being exposed to an even worse substance at toxic levels. This completely hypothetical scenario is utilized to make a point. I do not know enough about Crude MCHM or PPH, stripped, to even begin to consider how they interact with other substances. One question that needs to be answered, and should have been answered immediately upon learning that the spill had entered the drinking water supply, is does Crude MCHM or PPH, stripped, interact or oxidize with chlorine - the main substance used to sanitize drinking waters supplies? If so, what chemicals are formed and what effect do they have on humans? Although the Material Data Sheet for Crude MCHM, indicates that it is harmful if swallowed and causes skin and eye irritation, it tells us little else about the chemical. In fact, it uses the phrase "no data available" 152 times, including when providing information regarding repeated dose toxicity, carcinogenicity, reproductive toxicity and specific organ toxicity. While government officials have declared that 1 ppm is an "acceptable" level of MCHM in drinking water,pregnant women are advised not to consume it at all and find alternative sources of water. Pediatricians have advised not to allow children to consume the substance. How did the government officials come up with these numbers? Through extrapolation and speculation, as no data or studies exist regarding the effects of these chemicals or safe levels of consumption. Unfortunately, the citizens of the Kanawha Valley have become test subjects who will live with the consequences of this spill for the remainder of their lives as a result of the negligence and arrogance of Freedom Industries and the failure of government officials to confirm the integrity of the storage tanks (the tanks at issue had not been inspected since 1991 and photos reveal extensive exterior deterioration!). People who were exposed to the MCMH and PPH, stripped, will need to disclose that fact to health providers for the rest of their lives and should be keeping a record of any unusual symptoms or conditions they experience. There is apparently no information regarding disease latency periods arising from exposure to the chemicals spilled. Add in the fact that we have no information regarding how these substances are interacting with other substances present in the air and water or being used to treat the spill, and the result is that the citizens of the Kanawha Valley may be living in a giant toxic soup. A condition arising 30 years from now may ultimately be traced back to this event and resulting exposure. Epidemiologists will be studying the health effects of this spill for decades. Scientists will be studying the chemical interactions and effect on the environment for years to come. Oh yes, the environment. No one is talking yet about the consequences of this spill on the fish, wildlife and vegetation. The arrogance and greed of the chemical and coal industry coupled with the government's lack of regulation in the hopes of increasing tax dollars has resulted in a giant toxicity experiment with the citizens of West Virginia as the test subjects. The twelve years I spent in Charleston were spent defending corporations or working in government. Although I had and still have many wonderful friends and colleagues there, I was never comfortable in Charleston not only because of my real fear of the chemical plants but also because I felt I should be doing something else with my life. My chemistry background actually led me to the legal field. I did not want to work with these toxic substances on a daily basis but I knew the effects these substances could have on people and the environment and knew someone had to keep the corporations in check. I initially intended to practice environmental law but life events led me on a different path. Joining Bordas & Bordas in 2009 has enabled me to stand up to the bad corporate citizens on behalf of those who have been harmed as a result of corporate greed and arrogance. I only wish my friends and former colleagues were not now dealing with the effects of Freedom Industries' arrogance and the lack of appropriate governmental regulation of the chemical industry in the Kanawha Valley.
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No Boo-Boos! Keeping Everyone Safe This Halloween

It’s October! The scary season! A month of haunts, costumes, and candy, all leading up to the most chillingly fun holiday of the year: Halloween! Whether you’re a parent of kids who will be trick-or-treating or a homeowner handing out treats to the goblins who ring your doorbell, Halloween is a wonderful example of a holiday that’s fun for the adults as well as the kids. We hate to dampen the mood, but you need to be aware that Halloween can be legitimately scary for parents—and not the good kind of scary. Research by the Journal of the American Medical Association found that the risk of pedestrian fatalities is 43 percent greater on Halloween night than any other night of the year. The only things that should be scary this month are the costumes and the haunted houses! That’s why Halloween safety, whether your kids are trick-or-treating in Wheeling, Moundsville, St. Clairsville, or anywhere else in the Ohio Valley and southwest Pennsylvania, is so important. 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(Plus, if you stand on the sidewalk while your kids go to a door to get candy, you can shine your flashlight in their faces to remind them to say “thank you” if they forget …) Be extra visible by adding reflective strips to your kids’ costumes and giving them glow sticks to wear around their necks or wrists. Cross at crosswalks instead of the middle of the block. It’s tempting for kids to run back and forth across the street to go to a house where they see lights on, but drivers might not be as vigilant for pedestrians away from the corners, especially if kids are darting out behind parked cars. Encourage your kids to take off masks when walking along roads. You don’t want to take away from their great costumes, but masks can limit peripheral vision, which isn’t good when walking next to traffic. They can always put the mask back on when they ring the doorbell to sufficiently impress homeowners! Similarly, be extra aware if your child’s costume restricts any movement, such as a dress on a princess (and every year, there are plenty of princesses!) or a cloak on a Grim Reaper. Even without traffic, tripping over a curb can hurt—and Halloween is not the night you want to go to the emergency room. Remind them to watch their step and not run. Hold your kids’ smartphones so they aren’t tempted to be checking them while walking along roads and crossing streets. This advice extends to parents: Keep your phone in your pocket, only taking it out when you’re away from traffic. Take plenty of pictures—just when it is safe to do so. Older kids might want to trick-or-treat on their own, which is understandable, because what middle schooler wants their parents with them on Halloween? Reinforce all the Halloween safety rules already mentioned, and add a few: Give them a curfew to be back home. The later Halloween gets, say after 8 p.m., the fewer commuters on the roads, replaced by less careful teenagers and college students. Provide a firm curfew, and even offer to let their friends come over and watch a scary movie instead of being on the streets. Hold them to the same Halloween smartphone rules you’re following yourself: Phones should be pocketed when they are near traffic. Tell them it’s OK if they don’t answer your call or text right away—they should do so only when it’s safe. This may seem like a no-brainer (zombie pun intended!), but remind them not to go into the home or backyard of anyone they don’t know. Also, tell them to always stay with their group of friends and don’t split up. Halloween Safety for Drivers and Homeowners Halloween safety is everyone’s responsibility—not just trick-or-treaters and their parents. No one wants kids to get hurt on Halloween, and you don’t want to deal with the consequences if someone is injured by your vehicle or on your property. Here are some tips that can help keep everyone safe on the spookiest night of the year. Driving If you are driving anywhere near trick-or-treaters, slow down, turn your headlights on (even before it gets fully dark), and be extra vigilant on side streets, pulling into driveways, and even at crosswalks. Never assume those kids won’t run into the street, even if they are with their parents. And if you don’t need to drive anyplace during peak trick-or-treating hours, stay home. Your Home You want the front of your home to be as inviting as it can be for trick-or-treaters, but you also want it to be safe. For example, an orange porch light may be wonderfully eerie, but it also can make it more difficult to see as you climb stairs. Go back to a white light for a couple hours, keep your porch clear of obstacles (e.g., pumpkins should be off to the side), and keep any electrical cords off the walkway where someone could trip over them. Also, if you have any mechanical decorations that deliver jump scares, make sure they aren’t scaring anyone standing on your steps. Your Dog Some dogs are mellow when the doorbell rings dozens of times a night, and some will go nuts. Protective or agitated dogs may try sneaking out of the front door and could bite or knock down trick-or-treaters—and you could be liable for injuries. You know your pup best, but err on the side of caution: Consider keeping your dog(s) away from your front door, maybe in another room or in a crate, while you are handing out candy to trick-or-treaters. Or, set up shop outside, on your porch or driveway, so that your doorbell isn’t being constantly rung. ******************************** From all of us at Bordas & Bordas, have a safe and truly boo-tiful Halloween!

What to Do After a Truck Accident in West Virginia, Ohio and Pennsylvania

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Bordas and Bordas Attorneys celebrating 40 years of justice from 1985 to 2025 with the message "Fighting for Justice for 40 Years.

Fighting for Justice for 40 Years

Fighting for Justice for 40 Years In 2025, Bordas & Bordas is proudly celebrating 40 years, a testament to our unwavering commitment to serving our community and fighting for justice. Since our founding in 1985 by Jim and Linda Bordas, we’ve grown from a small practice into one of the region’s premier personal injury law firms with offices in Pittsburgh, Pennsylvania, Wheeling and Moundsville, West Virginia, and St. Clairsville, Ohio. The story of Bordas & Bordas Attorneys PLLC began with a unique partnership. Linda, a former hospital pharmacist turned lawyer, and Jim, who has been described by many as a giant in the legal profession, combined their expertise and passion for justice to open the doors of Bordas & Bordas upon Linda’s graduation from law school in 1985. Their remarkable record, including never losing a trial together, fueled the firm’s early success. Linda’s medical background proved invaluable, particularly in medical malpractice cases, where she became a leading force, securing landmark verdicts and expanding patient rights. Jim spent his career fighting battles for his clients that others couldn’t or wouldn’t fight. For over four decades, he built a reputation of success through landmark jury verdicts and settlements. In 2000, the Bordas legacy continued with the addition of Jim and Linda’s oldest son, Jamie, who became the firm’s managing partner in 2005. Jim cherished working alongside Jamie, creating a strong bond, and ensuring the firm’s values would endure. Linda remains a partner at Bordas & Bordas and continues to provide guidance and advice as we continue to fight for justice. Our Core Values: The Shield of Bordas & Bordas Our logo, a shield with four quadrants and a central cross, symbolizes what we hold dear: Experience: Four decades of dedicated legal service. Family: A firm built on strong family values and lasting relationships. Community: A commitment to serving and giving back to our community. Results: A proven track record of securing substantial recoveries for our clients. Christian Values: The Cross in the center represents the moral compass that guides our work. Our Commitment to You A lot has changed in 40 years, but one thing remains the same: Our reputation for taking on any opponent in the courtroom. This is backed by years of success and record-breaking results, including numerous multi-million-dollar verdicts and settlements across a wide range of personal injury practice areas. We understand the challenges clients face, which is why our cases are handled on a contingency fee basis. This means clients pay no fee unless we secure a recovery for them. We offer: Free initial consultations. No retainer required. We advance all case expenses. Our work has garnered national attention, with features on programs like 60 Minutes, Inside Edition, and CNN, showcasing our dedication to seeking justice for our clients. Learn more about our results by clicking here. As we celebrate 40 years, we reaffirm our commitment to providing exceptional legal representation and upholding the values that have guided us since 1985. We are grateful for the trust our clients have placed in us and look forward to serving our community for many years to come.