Lawsuit: Poe Hall PCB exposure gave plaintiffs breast cancer, violated constitutional rights

A group of former students, faculty and staff are suing North Carolina State University, alleging they developed breast cancer after years of unknowingly being exposed to toxic chemicals inside Poe Hall. The lawsuit claims the university ignored warning signs of contamination for decades.

Filed in Wake County Superior Court, the complaint names 12 plaintiffs, including three wrongful-death estates.

It is the first case brought by former Poe Hall occupants directly accusing NC State of causing serious illness through the building’s contamination, which became publicly known in 2023 following testing. The test results showed PCBs inside Poe Hall were at levels far beyond what the EPA deemed unsafe for human exposure. The building was closed in November 2023.

The plaintiffs are seeking a jury trial and damages, alleging that decades of exposure left them with life-altering illness, disability, and, in some cases, death.

The lawsuit marks a major turning point in the Poe Hall saga, coming more than two years after NC State shut down the building and the contamination became publicly known.

>> Poe Hall: Timeline, the cases, the building

Until now, the legal battles surrounding Poe Hall have largely focused on procedural issues including petitions seeking independent access to the building or efforts aimed at preserving potential evidence. But this is the first time individuals who say they became seriously ill have filed a direct lawsuit against NC State itself, alleging the building’s contamination made them sick.

'What happened in 2023 could have happened decades sooner': Lawsuit alleges ignored warning signs

The lawsuit paints a picture of decades of missed or ignored warning signs at the hands of the university.

“There’s nothing inevitable about the Poe Hall tragedy,” said Pat Wallace, an attorney for the plaintiffs. “The closure in 2023 could have happened decades sooner and so that's the really hard thing about this.”

Over time, the lawsuit claims PCB-containing materials deteriorated, releasing the chemicals into the air and dust throughout the building.

“The university reassured the faculty; they reassured the students that the environment was healthy when it was not,” said David Kirby, an attorney for the plaintiffs.

The plaintiffs say they were exposed repeatedly while studying or working in Poe Hall through inhalation of contaminated air, ingestion of PCB-laden dust, and skin contact with contaminated surfaces.

Lawsuit claims NC State failed to test for PCBs despite EPA warnings

In 2009, the EPA issued recommendations encouraging school administrators and building managers to test for PCBs in caulk and indoor air, warning that PCBs can build up in the body over time and are potentially cancer-causing.

The lawsuit alleges NC State continued renovations and maintenance work in Poe Hall over decades without PCB testing or adequate warnings, potentially disturbing contaminated materials and worsening exposure.

“Their administration has a whole occupational health and safety program in which they established at NC State to teach other people about dangerous chemicals in buildings, but they can't even handle it in their own backyard,” said Ben Whitley, an attorney for the plaintiffs.

The complaint alleges PCBs were present in Poe Hall from the time it opened in 1971, embedded in construction materials such as caulk, adhesives, insulation and fluorescent light ballasts. The Environmental Protection Agency banned the production of PCBs in 1979 because of their link to cancer, but chemicals can still linger in older buildings constructed before the ban, including Poe Hall.

'Unquestionably aware': Lawsuit alleges presence of PCBs found in Poe Hall in 1991

Testing on the exterior of Poe Hall in 2018 revealed high levels of PCB contaminants, hundreds of times higher than what is safe, according to the EPA. In one notable excerpt, the lawsuit says NC State became “unquestionably aware” of the presence of PCBs inside Poe Hall in 1991 after testing of transformer oil confirmed “the presence of toxic contaminants within the building’s electrical system.”

The lawsuit also cites years of complaints from faculty and students about poor air quality, including dust and oily black particles blowing out of vents and settling on surfaces throughout the building. Occupants referred to the HVAC system “burping” during seasonal transitions, sending particulate matter into offices and classrooms.

“NC State, for decades, had knowledge of the complaints of the air quality problems from these toxic PCBs that we now know were in the building. But at the time, the folks who were there did not know, and they kept asking, ‘What's wrong with our air quality? Will you please come help us?’” said Bryan Brice, an attorney for the plaintiffs.

Comprehensive testing reveals what employees feared: high levels of toxins

Help did not come until 32 years after the transform oil was tested. In 2023, NC State conducted additional interior testing after a group of employees battling cancer complained to state and federal agencies, including the Department of Labor.

Testing commissioned and paid for by the university found PCB levels in parts of the building as high as 38 times above what the EPA considers unsafe, raising new concerns about how long occupants may have been exposed. The university closed Poe Hall that year.

Since Poe Hall’s 2023 closure, more than 225 people have told WRAL News they developed cancer after working or studying inside. Many say they were diagnosed in their 20s, 30s and 40s, had no genetic markers, and no family history of the disease. They believe toxic chemical exposure in Poe Hall is what made them sick.

More lawsuits to come

When asked how many clients attorney Tiffany Frickey told WRAL News they now have more than 600 clients who worked or studied in Poe Hall and later developed diseases or health issues, including cancer. She said this lawsuit is just one of what will likely be many.

Claim: NC State 'violated fundamental rights'

Rather than filing a traditional negligence lawsuit, the plaintiffs bring a direct constitutional claim, arguing NC State’s alleged failure to act amounted to “deliberate indifference” and violated their fundamental rights under the North Carolina Constitution.

The complaint argues that as a state actor, NC State had a duty to protect individuals’ bodily integrity and that forced toxic exposure “shocks the conscience.”

“Really, in the end, it's about protecting the people who work for NC State, the students who attended classes at NC State, and it's the obligation and the constitutional responsibility of NC State University to do that, and it didn't happen until 2023 although that building had been there since 1971,” said Bob Orr, a former North Carolina Supreme Court justice and attorney for the plaintiffs.

The lawsuit relies on North Carolina Supreme Court precedent allowing constitutional claims when no other adequate remedy exists against the state.

NC State responds to lawsuit:

“For any member of the NC State community who has battled or succumbed to a serious illness, our hearts go out to them and their families,” the university's statement reads. “This lawsuit is a continuation of actions stemming from complaints regarding Poe Hall. Responses to this legal action will be made through appropriate legal channels.

“Separately, NC State will continue to pursue accountability against Monsanto for damages from the PCBs it manufactured and furnished to construct Poe Hall. While the lawsuit against Monsanto continues, NC State will move forward with planning for remediation of the education building in order to get students, faculty and staff back to learning in an appropriate education environment in the heart of campus.”