Possible Anthrax Provider Seeks End to Legal Claims

An Ohio research firm considered a possible source of anthrax used in the 2001 mailings that killed five people is seeking dismissal of the lawsuit filed by one victim’s family, the Palm Beach, Fla., Post reported yesterday (see GSN, June 12).

American Media Inc. photo editor Bob Stevens received a tainted envelope powder on Sept. 19, 2001, and died in a matter of days. 

An investigation found that the anthrax strain had originated either in a laboratory operated by Battelle Memorial Institute in Columbus, Ohio, or at an Army biological defense facility at Fort Detrick, Md.  Stevens’ family four years ago sued Battelle and the U.S. government, claiming they had failed to secure the material.

Battelle filed a brief with the Florida Supreme Court on Tuesday stating that the Stevens family had not established any link between the firm and the anthrax attack or shown that the laboratory had any control over the person who mailed the agent to American Media Inc.’s headquarters in Boca Raton.

“Under Florida law, Battelle had no duty to prevent the criminal acts of third parties,” Battelle said in its brief.

Attorney Richard Schuler, who is representing the Stevens family, argued that Battelle and the government were responsible for ensuring the security of dangerous agents used in their research programs.

“Look at it as a zoo with a dangerous animal, like a lion,” Schuler said on Wednesday.  “A zoo has an obligation to contain that lion. If there's no containment, or they just keep the lion on a leash and the lion gets out, people have no problem holding the zoo responsible.  That is really the issue here.”

The Stevens family is expected to demand several million dollars in damages, but it has not yet specified an amount.  There have been no arrests in the anthrax case (Tony Doris, Palm Beach Post, Aug. 2).

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