Families blame toxic dumps for deformities
The Independent (London, England);By Robert Verkaik, Legal Affairs Correspondent
26 April 2004

The families of two dozen children born fingerless or with webbed hands are celebrating a legal victory in their quest to prove that the deformities are linked to toxic waste dumps left over from Northamptonshire's once thriving steel industry.
A High Court judge has ordered Corby Borough Council to disclose documents to the families that their lawyers believe will help prove that harmful chemicals escaped during the local authority's alleged mismanagement of the sites.
The case could lead to a multimillion-pound compensation payout for 24 Corby children born over a seven year-period to 1999 during the council's chemical clean-up operation. Many of the children face years of painful restorative surgery as doctors remove some of their toes so they can graft them on to their hands to act as fingers.
Figures suggest the rate of upper-limb abnormality in Corby is 15 times higher than the national average.
Joy Shatford, 30, the mother in one of the eight lead cases in the legal action, recalled the air full of pungent fumes when council engineers began re-opening some of the estimated eight to 16 toxic pits scattered around Corby.
Dozens of lorries were used to transport the poisonous waste - mostly lead and zinc by-products from the steel-making industry - to two sealed containers north-east of the town.
"You could taste it in the air; it was sour, gassy and acidic. Then it was common knowledge that this was because they were digging up the pits," she said.
A few months later, Ms Shatford, 30, a secretary at a Corby accountants, gave birth to her first son, Daniel, now seven.
"The nurses just wrapped him up and gave him to me. They didn't say anything about his hand."
It was only when Ms Shatford unravelled the tiny bundle of blankets that she discovered her son had been born with no fingers on his left hand.
"I asked them, 'What's the matter with his hand?' It was such a shock. I just felt numb. I was left thinking that I must have done something wrong during my pregnancy. But I didn't smoke or drink; I didn't even take an aspirin. It took me a long time to come to terms with what happened."
Years later, Ms Shatford discovered she was far from alone. Other mothers who lived near the toxic sites had also given birth to children with missing fingers or webbed hands.
One of them was Susan MacIntyre, 35, whose son, Conor, now nine, was also born without any fingers on his left hand.
Ms McIntyre said: "It is difficult for him because other children have started calling him names. I used to tell him to be proud of his hand and not to hide it from people. At first, he didn't seem to mind but recently, because of the teasing, he leaves it in his pocket or covers it with his sleeve."

The two toes taken from his foot to act as fingers have affected Conor's balance. "He can fall over quite easily but the doctors say that it will be all worth it in the long-run," Ms McIntyre said. Bone from other parts of Conor's body has been used to rebuild his foot.
Ms MacIntyre says any compensation will pay for adaptations to their home that will help Conor get about the house and lead a normal life.
The Legal Services Commission has awarded the families' lawyers £20,000 in legal aid to investigate the claim.
Des Collins, the solicitor running the case, said he had medical evidence that proves the children's deformities are linked to the toxic waste dumps left by the former steel industry.
Corby became an important steel-making centre in the 1930s after the discovery of rich iron ore deposits. Many of the present inhabitants are related to Scottish steelworkers who moved to the town looking for employment.
Mr Collins said: "We have now got medical reports that rule out alternative explanations for what caused the upper limb deformities in these children."

Mr Collins has found statistical evidence that undermines a Northamptonshire Health Authority report four years ago which rejected the idea that the births amounted to a cluster of "congenital limb reduction defects" in and around Corby.
Since the report was published, the families' lawyers have found other cases and exposed what they believe are serious flaws in the initial report. Mr Collins claims the health authority ignored the fact that between 1990 and 1993 there were no cases at all but by the following year there were four cases - a pattern that was repeated in 1996 and 1997.
Significantly, a district auditor's report, seen by The Independent, concludes that none of the council engineers involved in moving the toxic waste had professional experience in toxic-waste disposal.
The district auditor, Stephen Warren, said in his report: "The reclamation programme at Corby was unique in the size and scale of works proposed. While the council established a reclamation group within the engineering department, the group was not properly staffed." It was also under pressure from the council and the Department of Environment to get on with the programme within the planned financial years. "The failure to specify reclamation works to be done accurately was widespread," he said.
In 1997, police investigated allegations of corruption in the awarding of contracts during the reclamation programme. These inquiries were dropped when the Crown Prosecution Service advised that there was insufficient evidence to bring a criminal prosecution.
Last week, a High Court judge in the separate civil action ordered the council to disclose documents to the families' lawyers in connection with the management of the toxic pits. However, potentially vital reports showing the levels of chemicals at the sites around Corby during the decontamination operation were destroyed in a fire at Northampton County Council in 1995.
Nevertheless, Mr Collins expects the disclosure order to force the council to reveal other documents not previously known to the claimants.
For Daniel Shatford and Conor MacIntyre, it could be an important legal breakthrough in the fight for compensation to help them and similarly affected children lead normal lives.
A spokesman for Corby Borough Council said: "The legal department is studying the claims and a decision will be taken shortly." Asked whether the council accepted liability for the children's deformities the spokesman said: "We can't make any comment on that."