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104-684: The crematorium was founded by Tommy Marsh in the mid-1970s and was located in the Noble community, north of the city of LaFayette in northwest Georgia. It provided cremation services for a number of funeral homes in Georgia, Alabama , and Tennessee , and made cremation an option for people in communities where it had previously been difficult to obtain. Marsh was a respected businessman. He once ran for Coroner of Walker County , losing by fewer than 100 votes. Marsh also ran other businesses offering tent rentals and vault construction. Marsh's health deteriorated from

208-607: A half-life of seven to ten days, and it is metabolized much more quickly than methylmercury. It is presumed not to have methylmercury's ability to cross the blood–brain barrier via a transporter, but instead relies on simple diffusion to enter the brain. Other exposure sources of organic mercury include phenylmercuric acetate and phenylmercuric nitrate. These compounds were used in indoor latex paints for their antimildew properties, but were removed in 1990 because of cases of toxicity. Mercury occurs as salts such as mercuric chloride (HgCl 2 ) and mercurous chloride (Hg 2 Cl 2 ),

312-463: A Motion to Enforce the Settlement Agreement alleging a settlement agreement had been reached between the parties, and that the court should enforce the settlement agreement. Stuart James and Frank Jenkins responded to the motion asserting that the settlement could not be effectuated and that the parties never could complete the settlement due to the inability to reach an agreement to put together

416-653: A claim and on Fifth Amendment issues. Many of the claims are dismissed, but some remain in the issues of law surrounding the claims are still very much alive and under legal debate. All of the claims pending in the United States District Court for the Northern District of Georgia are resolved. The remainder of claims pending in Georgia, Tennessee, and Alabama have either been dismissed or resolved. This case throughout its pendency in both civil and criminal courts presented unique legal arguments and challenges for

520-544: A claim under Georgia's Hazardous Site Response Act. The court ruled that the county had no standing to bring any legal claim for environmental cleanup. The attorneys for Walker County applied asking the Georgia Supreme Court to review the Court of Appeals decision. The Petition for Certiorari was denied by the Georgia Supreme Court. Walker County filed a motion for reconsideration with the Georgia spring court after they denied

624-428: A deputy sheriff being called to the property, who reportedly discovered nothing unusual. On February 15, 2002, investigators returned to the property, finding piles of decomposing human bodies in a storage shed, in vaults and scattered inside and outside throughout the property. Atlanta television station WAGA/Fox 5 and reporter Dan Ronan were the first to break the news story after a nearby funeral home director called

728-455: A diagnosis of poisoning in hospitalized people or to assist in the forensic investigation in a case of fatal over dosage. Some analytical techniques are capable of distinguishing organic from inorganic forms of the metal. The concentrations in both fluids tend to reach high levels early after exposure to inorganic forms, while lower but very persistent levels are observed following exposure to elemental or organic mercury. Chelation therapy can cause

832-1217: A disabled woman due to severe mercury poisoning when a doctor attempted to treat a mild childhood disease with prolonged administration of calomel. In 1862 a soldier in the American civil war , Carleton Burgan, suffered a similar disfigurement when he was treated with calomel for an infection. Today, consumption of fish containing mercury is by far the most significant source of ingestion-related mercury exposure in humans, although plants and livestock also contain mercury due to bioconcentration of organic mercury from seawater, freshwater, marine and lacustrine sediments, soils, and atmosphere, and due to biomagnification by ingesting other mercury-containing organisms. Exposure to mercury can occur from breathing contaminated air, from eating foods that have acquired mercury residues during processing, from exposure to mercury vapor in mercury amalgam dental restorations , and from improper use or disposal of mercury and mercury-containing objects, for example, after spills of elemental mercury or improper disposal of fluorescent lamps . All of these, except elemental liquid mercury, produce toxicity or death with less than

936-470: A female householder with no husband present, and 35.7% were non-families. 32.6% of all households were made up of individuals, and 17.1% had someone living alone who was 65 years of age or older. The average household size was 2.33 and the average family size was 2.94. In the city, the population was spread out, with 24.1% under the age of 18, 9.8% from 18 to 24, 25.4% from 25 to 44, 21.6% from 45 to 64, and 19.2% who were 65 years of age or older. The median age

1040-415: A few hours of exposure. Chelation for those with long-term exposure is of unclear benefit. In certain communities that survive on fishing, rates of mercury poisoning among children have been as high as 1.7 per 100. Common symptoms of mercury poisoning are peripheral neuropathy , presenting as paresthesia or itching , burning, pain , or even a sensation that resembles small insects crawling on or under

1144-541: A five-year-old autistic boy. Experimental animal and epidemiological study findings have confirmed the interaction between selenium and methylmercury. Instead of causing a decline in neurodevelopmental outcomes, epidemiological studies have found that improved nutrient (i.e., omega-3 fatty acids, selenium, iodine, vitamin D) intakes as a result of ocean fish consumption during pregnancy improves maternal and fetal outcomes. For example, increased ocean fish consumption during pregnancy

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1248-403: A formerly common method, was done with DMSA , 2,3-dimercapto-1-propanesulfonic acid (DMPS), D -penicillamine (DPCN), or dimercaprol (BAL). Only DMSA is FDA-approved for use in children for treating mercury poisoning. However, several studies found no clear clinical benefit from DMSA treatment for poisoning due to mercury vapor. No chelator for methylmercury or ethylmercury is approved by

1352-583: A gram. Mercury's zero oxidation state ( Hg ) exists as vapor or as liquid metal, its mercurous state (Hg ) exists as inorganic salts, and its mercuric state (Hg ) may form either inorganic salts or organomercury compounds. Consumption of whale and dolphin meat, as is the practice in Japan , is a source of high levels of mercury poisoning. Tetsuya Endo, a professor at the Health Sciences University of Hokkaido , has tested whale meat purchased in

1456-409: A greater concern. A 1987 report described a 23-month-old toddler who had anorexia , weight loss, irritability, profuse sweating, and peeling and redness of fingers and toes. This case of acrodynia was traced to exposure of mercury from a carton of 8-foot fluorescent light bulbs that had broken in a potting shed adjacent to the main nursery. The glass was cleaned up and discarded, but the child often used

1560-447: A mercury chelator, studies in rats have been contradictory. Glutathione and N -acetylcysteine (NAC) are recommended by some physicians, but have been shown to increase mercury concentrations in the kidneys and the brain. Chelation therapy can be hazardous if administered incorrectly. In August 2005, an incorrect form of EDTA (edetate disodium) used for chelation therapy resulted in hypocalcemia , causing cardiac arrest that killed

1664-462: A number of other important antioxidant molecules, back into their reduced forms, enabling them to counteract oxidative damage. Since the rate of oxygen consumption is particularly high in brain tissues, production of reactive oxygen species (ROS) is accentuated in these vital cells, making them particularly vulnerable to oxidative damage and especially dependent upon the antioxidant protection provided by selenoenzymes. High mercury exposures deplete

1768-552: A person with mercury poisoning may experience profuse sweating , tachycardia (persistently faster-than-normal heart beat), increased salivation, and hypertension (high blood pressure). Affected children may show red cheeks , nose and lips, loss of hair , teeth , and nails , transient rashes, hypotonia (muscle weakness), and increased sensitivity to light. Other symptoms may include kidney dysfunction (e.g. Fanconi syndrome ) or neuropsychiatric symptoms such as emotional lability , memory impairment, or insomnia . Thus,

1872-519: A problem, as in Ohio which was unable to enforce its laws for a time due to a lack of trained inspectors. Ray Brent Marsh was arrested on over 300 criminal violations and was ultimately charged by the State of Georgia with 787 counts, including theft by deception , abusing a corpse, burial service related fraud and giving false statements . Marsh was facing a possible prison sentence of thousands of years. Marsh

1976-551: A settlement class globally resolving the cases. Judge Harold Lloyd Murphy of the United States District Court for the Northern District of Georgia thereafter ordered a second trial. The second trial began in August 2004. Bill Brown, an attorney in Bradley County, Tennessee , chose not to participate in the class actions. In his cases, Akers, Burns & Hall, Brown alleged various causes of action against Marsh, Tri-State Crematory, and

2080-532: A skull and some bones that were human in origin. The original human skull and bones went missing later in the litigation and were never offered into evidence. Previously, a propane delivery truck driver had complained on at least two occasions to the Walker County Sheriff's Department about seeing bodies on the Marsh property. The driver made a fuel delivery and notified the sheriff's office. This call resulted in

2184-486: A succession of who may be a next of kin depending on which next of kin survives the deceased. The ruling of the Court of Appeals resulted in a dismissal of numerous non-next of kin cases. However, several claims were maintained in Bradley County. Bill Brown, the attorney for some claimants who are classified as next-of-kin or persons who have a contract right, fought to have Brent Marsh testify in deposition. Stuart James,

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2288-517: A transient elevation of urine mercury levels. Infantile acrodynia (also known as "calomel disease", "erythredemic polyneuropathy", and "pink disease") is a type of mercury poisoning in children characterized by pain and pink discoloration of the hands and feet. The word is derived from the Greek , where άκρο means end or extremity , and οδυνη means pain . Acrodynia resulted primarily from calomel in teething powders and decreased greatly after calomel

2392-452: Is a particularly toxic mercury compound that has been used in murders, as it contains not only mercury but also cyanide , leading to simultaneous cyanide poisoning . The drug n-acetyl penicillamine has been used to treat mercury poisoning with limited success. Quicksilver (liquid metallic mercury) is poorly absorbed by ingestion and skin contact. Its vapor is the most hazardous form. Animal data indicate less than 0.01% of ingested mercury

2496-420: Is absorbed through the intact gastrointestinal tract , though it may not be true for individuals with ileus . Cases of systemic toxicity from accidental swallowing are rare, and attempted suicide via intravenous injection does not appear to result in systemic toxicity, though it still causes damage by physically blocking blood vessels both at the site of injection and the lungs. Though not studied quantitatively,

2600-413: Is believed to be a long-term consequence of early childhood mercury poisoning. Mercuric chloride may cause cancer as it has caused increases in several types of tumors in rats and mice, while methyl mercury has caused kidney tumors in male rats. The EPA has classified mercuric chloride and methyl mercury as possible human carcinogens (ATSDR, EPA) Mercury may be measured in blood or urine to confirm

2704-406: Is from eating fish , amalgam -based dental fillings , or exposure at a workplace. In fish, those higher up in the food chain generally have higher levels of mercury, a process known as biomagnification . Less commonly, poisoning may occur as a method of attempted suicide . Human activities that release mercury into the environment include the burning of coal and mining of gold . Tests of

2808-701: Is involved in the myelination of neurons, and glial fibrillary acidic protein (GFAP), which is essential to many functions in the central nervous system (CNS). This causes an autoimmmune response against MBP and GFAP and results in the degradation of neural myelin and general decline in function of the CNS. Diagnosis of elemental or inorganic mercury poisoning involves determining the history of exposure, physical findings, and an elevated body burden of mercury. Although whole-blood mercury concentrations are typically less than 6 μg/L, diets rich in fish can result in blood mercury concentrations higher than 200 μg/L; it

2912-409: Is known as Minamata disease . Methylmercury exposure in children may result in acrodynia (pink disease) in which the skin becomes pink and peels. Long-term complications may include kidney problems and decreased intelligence. The effects of long-term low-dose exposure to methylmercury are unclear. Forms of mercury exposure include metal , vapor , salt , and organic compound . Most exposure

3016-626: Is no harm in exercising caution even if it later turns out to be unwarranted, but their 1999 action sparked confusion and controversy that thiomersal was a cause of autism . Since 2000, the thiomersal in child vaccines has been alleged to contribute to autism, and thousands of parents in the United States have pursued legal compensation from a federal fund. A 2004 Institute of Medicine (IOM) committee favored rejecting any causal relationship between thiomersal-containing vaccines and autism. Autism incidence rates increased steadily even after thiomersal

3120-417: Is not that useful to measure these levels for suspected cases of elemental or inorganic poisoning because of mercury's short half-life in the blood. If the exposure is chronic, urine levels can be obtained; 24-hour collections are more reliable than spot collections. It is difficult or impossible to interpret urine samples of people undergoing chelation therapy , as the therapy itself increases mercury levels in

3224-467: Is so toxic that even a few microliters spilled on the skin, or even on a latex glove, can cause death. Methylmercury is the major source of organic mercury for all individuals. Due to bioaccumulation , it works its way up through the food web and thus biomagnifies, resulting in high concentrations among populations of some species. Top predatory fish, such as tuna or swordfish , are usually of greater concern than smaller species. The US FDA and

Tri-State Crematory scandal - Misplaced Pages Continue

3328-511: Is still available to Marsh, and ruled that Marsh did not have a blanket loss of his Fifth Amendment right and that the trial court should review the right on a question by question basis to see if the right is still available to Marsh. The legal issues continue in these cases, and there may be issues that will take the cases back into the appellate court system of Tennessee. The cases in Tennessee have been on appeal on issues relating to who may bring

3432-683: Is the danger for the galamsey in Ghana and similar workers known as orpailleurs in neighboring francophone countries. While no official government estimates of the labor force have been made, observers believe 20,000–50,000 work as galamseys in Ghana, a figure including many women, who work as porters. Similar problems have been reported amongst the gold miners of Indonesia. Some mercury compounds, especially organomercury compounds, can also be readily absorbed through direct skin contact. Mercury and its compounds are commonly used in chemical laboratories, hospitals, dental clinics, and facilities involved in

3536-407: Is typically present as either elemental mercury liquid, vapor, or both, since the liquid evaporates at ambient temperature. When broken indoors, bulbs may emit sufficient mercury vapor to present health concerns, and the U.S. Environmental Protection Agency recommends evacuating and airing out a room for at least 15 minutes after breaking a fluorescent light bulb. Breakage of multiple bulbs presents

3640-631: The Centers for Disease Control (CDC) and the American Academy of Pediatrics (AAP) asked vaccine makers to remove the organomercury compound thiomersal (spelled "thimerosal" in the US) from vaccines as quickly as possible, and thiomersal has been phased out of US and European vaccines, except for some preparations of influenza vaccine . The CDC and the AAP followed the precautionary principle , which assumes that there

3744-543: The EPA advise women of child-bearing age, nursing mothers, and young children to completely avoid swordfish , shark , king mackerel and tilefish from the Gulf of Mexico, and to limit consumption of albacore ("white") tuna to no more than 170  g (6  oz ) per week, and of all other fish and shellfish to no more than 340 g (12 oz) per week. A 2006 review of the risks and benefits of fish consumption found, for adults,

3848-480: The circulatory system and is distributed throughout the body. Chronic exposure by inhalation, even at low concentrations in the range 0.7–42 μg/m , has been shown in case–control studies to cause effects such as tremors, impaired cognitive skills, and sleep disturbance in workers. Acute inhalation of high concentrations causes a wide variety of cognitive, personality, sensory, and motor disturbances. The most prominent symptoms include tremors (initially affecting

3952-496: The poverty line , including 33.4% of those under age 18 and 15.7% of those age 65 or over. Mercury toxicity Mercury poisoning is a type of metal poisoning due to exposure to mercury . Symptoms depend upon the type, dose, method, and duration of exposure. They may include muscle weakness , poor coordination, numbness in the hands and feet , skin rashes, anxiety, memory problems, trouble speaking, trouble hearing, or trouble seeing. High-level exposure to methylmercury

4056-470: The 2020 census, the city population was 6,888. It was founded as Chattooga . LaFayette is part of the Chattanooga, TN-GA Metropolitan Statistical Area . LaFayette was founded as Chattooga, in 1835, as the seat of newly formed Walker County. The county was named after the former United States senator Freeman Walker . Chattooga was renamed LaFayette in 1836 after Gilbert du Motier, Marquis de Lafayette ,

4160-540: The 339 bodies that were discovered, 113 remain unidentified. DNA testing was possible in the cases where a living relative was available, but in other cases, it was considered unlikely officials would ever be able to identify the remains. The motives behind Brent Marsh's actions are unclear, as it would have been far less trouble simply to cremate the remains than to dump them. During his guilty plea in court, he stated: "To those of you who may have come here today looking for answers, I cannot give you." Legal issues presented in

4264-461: The County permission to appeal to the spring court. The motion was denied by the Court. All lawsuits filed by Walker County were dismissed in the claims are now at a conclusion. The Tennessee Supreme Court also dismissed all claims maintained by people who are classified as non-next of kin, stating that non-next of kin have no standing to bring a claim under Tennessee law. One of the non-next of kin claims

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4368-553: The End of the World: A Story of Desecration and Revelation in the Deep South ( Farrar, Straus and Giroux , 2013), traces his quest to discover whether his father's remains were among those discovered at the crematory. LaFayette, Georgia LaFayette ( / l ʌ ˈ f eɪ ɛ t / luh- FAY -et ) is a city in, and the county seat of, Walker County , Georgia , United States. As of

4472-543: The FDA; DMSA is the most frequently used for severe methylmercury poisoning, as it is given orally, has fewer side-effects, and has been found to be superior to BAL, DPCN, and DMPS. α-Lipoic acid (ALA) has been shown to be protective against acute mercury poisoning in several mammalian species when it is given soon after exposure; correct dosage is required, as inappropriate dosages increase toxicity. Although it has been hypothesized that frequent low dosages of ALA may have potential as

4576-748: The French aristocrat who fought in the American Revolutionary War. In 1864, the city became the site of the Battle of LaFayette during the Atlanta campaign of the American Civil War . LaFayette is located at 34°42′35″N 85°17′2″W  /  34.70972°N 85.28389°W  / 34.70972; -85.28389 (34.709704, -85.283862). According to the United States Census Bureau ,

4680-461: The Marsh family in the civil litigation, crafted a judgment that was not collectable against any of the Marsh defendants. Therefore, the plaintiffs' class filed a claim against Georgia Farm Bureau in State Court, that claim settled in late 2007 for $ 18 million resulting in the $ 80 million judgment being set aside and a settlement of $ 18 million going to the plaintiff's class members. Georgia Farm Bureau

4784-536: The Marsh family name. The Tri-State Crematory incident was used as the basis for a Law & Order: Criminal Intent season 2 episode "Dead" starring Kathryn Erbe , Vincent D'Onofrio and guest actor Jim Gaffigan . The case was also the backdrop for the 2011 film Sahkanaga , a fictionalized account of the events by American filmmaker John Henry Summerour, and provided inspiration for the CSI: Miami episode " Forced Entry ". Brent Hendricks' memoir, A Long Day at

4888-548: The Marsh family to recover the cost of its investigation into the incidents on the Marsh property. Walker County claimed that it was entitled to recover almost $ 2 million resulting from its investigation. Frank Jenkins and Stuart James represented the Marsh defendants in this litigation which resulted in the Walker County Superior Court, Judge Smith sitting specially, dismissing the claims. The Georgia Court of Appeals heard oral argument and issued an opinion upholding

4992-444: The Northern District of Georgia . Ultimately, the Marsh defendants also settled for $ 3.5 million after their insurer, Georgia Farm Bureau, agreed to pay the settlement. After heated negotiations among the attorneys regarding the exact terms and conditions of the settlement, the settlement failed. The parties could not effectuate a settlement that would globally resolve all cases in Tennessee, Georgia, and Alabama. The plaintiff class filed

5096-782: The State of Georgia. After consulting with his client's criminal law lawyers, Ken Poston and Ron Cordova, Stuart James argued that the circumstances of the claim permitted Marsh to continue to assert his Fifth Amendment right. Judge Thomas' ruling that Marsh had waived his right was appealed to the Tennessee Court of Appeals with the Court of Appeals reversing and remanding the issue of the Fifth Amendment to Judge Thomas for further consideration. The Court of Appeals held that Marsh could assert his Fifth Amendment right in any testimony subject to review by Judge Thomas. No further testimony has been solicited by Brown. Walker County, Georgia also sued

5200-454: The State of Tennessee as a class action. The Tennessee class action proceeded with various hearings and motions being filed before the plaintiff class ultimately decided to proceed with the class-action filed in the United States District Court for the Northern District of Georgia. The class-action in the state of Tennessee was ultimately decertified by Judge Thomas after it was made clear that the class representative, Oden, chose to participate in

5304-955: The amount of cellular selenium available for the biosynthesis of thioredoxin reductase and other selenoenzymes that prevent and reverse oxidative damage, which, if the depletion is severe and long lasting, results in brain cell dysfunctions that can ultimately cause death. Mercury in its various forms is particularly harmful to fetuses as an environmental toxin in pregnancy , as well as to infants . Women who have been exposed to mercury in substantial excess of dietary selenium intakes during pregnancy are at risk of giving birth to children with serious birth defects , such as those seen in Minamata disease . Mercury exposures in excess of dietary selenium intakes in young children can have severe neurological consequences, preventing nerve sheaths from forming properly. Exposure to methylmercury causes increased levels of antibodies sent to myelin basic protein (MBP), which

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5408-437: The amount of mercury they contain is unlikely to be a health concern if handled carefully. However, broken items still require careful cleanup, as mercury can be hard to collect and it is easy to accidentally create a much larger exposure problem. If available, powdered sulfur may be applied to the spill, in order to create a solid compound that is more easily removed from surfaces than liquid mercury. Identifying and removing

5512-541: The appearance of symptoms in adult poisoning cases tends to be extended. The longest recorded latent period is five months after a single exposure, in the Dartmouth case (see History ); other latent periods in the range of weeks to months have also been reported. When the first symptom appears, typically paresthesia (a tingling or numbness in the skin), it is followed rapidly by more severe effects, sometimes ending in coma and death. The toxic damage appears to be determined by

5616-406: The attorney for Brent Marsh, resisted the deposition, asserting that the Fifth Amendment right is still available to Marsh due to the circumstances of the case. The issue involving whether Marsh still may maintain his Fifth Amendment right was appealed to the Tennessee Court of Appeals. The Court of Appeals sent the case back for further consideration by Judge Neil Thomas on whether the Fifth Amendment

5720-432: The attorneys involved in the litigation. Attorneys examined documentation that was gathered in the criminal investigation that exceeded 100,000 pages of documents, revealing methods of identification, the methodology used in investigating the claim, videos of the investigation, and numerous photographs. At one point a skull and an arm were discovered in the criminal files, both with human tissue on them. Prosecutors stated that

5824-423: The benefits of one to two servings of fish per week outweigh the risks, even (except for a few fish species) for women of childbearing age, and that avoidance of fish consumption could result in significant excess coronary heart disease deaths and suboptimal neural development in children. Because the process of mercury-dependent sequestration of selenium is slow, the period between exposure to methylmercury and

5928-467: The blood, urine, and hair for mercury are available but do not relate well to the amount in the body. Prevention includes eating a diet low in mercury, removing mercury from medical and other devices, proper disposal of mercury, and not mining further mercury. In those with acute poisoning from inorganic mercury salts, chelation with either dimercaptosuccinic acid (DMSA) or dimercaptopropane sulfonate (DMPS) appears to improve outcomes if given within

6032-475: The case were novel, including the crafting of the charges against Marsh. Buzz Franklin, the District Attorney of Walker County, Georgia, created law in bringing indictments against Marsh. In response to Marsh's claim that the cremation oven, or "retort," was broken, the oven was tested and found to be in working order, although subsequent examinations by experts did find faults. Several crematory operators at

6136-510: The city has a total area of 8.1 square miles (21 km ), all land. As of the 2020 United States census , there were 6,888 people, 2,847 households, and 1,844 families residing in the city. As of the census of 2010, there were 7,121 people, 2,712 households, and 1,749 families residing in the city. The population density was 871.6 inhabitants per square mile (336.5/km ). There were 2,926 housing units at an average density of 361.6 units per square mile (139.6 units/km ). The racial makeup of

6240-399: The city was 88.6% White , 7.5% African American , 0.04% Native American , 0.9% Asian , 0.01% Pacific Islander , 0.76% from other races , and 0.93% from two or more races. Hispanic or Latino of any race were 1.07% of the population. There were 2,712 households, out of which 28.9% had children under the age of 18 living with them, 42.9% were married couples living together, 17.1% had

6344-579: The claims that remain in the Bradley County Circuit Court in Cleveland, Tennessee . Brown asserted that it was time for Marsh to tell family members what happened to their loved ones' bodies, offering an explanation of what he did and what happened to those bodies. Judge Neil Thomas, to whom the Tennessee civil cases were specially assigned, held that Marsh had waived his Fifth Amendment right upon pleading guilty to more than 700 felony counts in

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6448-559: The class action pending in the State of Georgia. There were numerous reasons why the class was decertified, one of them apparently being that Oden, as a class representative, made an election to participate in the national class action pending in Rome Georgia. Most of the cases filed in Tennessee, Georgia, and Alabama chose to participate in the class-action in Rome. Two trials occurred, with witnesses testifying in both trials. The trials were open to

6552-594: The class. Judge Harold Murphy in the United States District Court for the Northern District of Georgia also granted class-action status after the filing of the plaintiff's master complaint. The class certification hearings resulted in certification of a class action after hearings were held in Chattanooga in front of Judge Neal Thomas. Judge Thomas, and the Oden class action, certified the numerous cases pending in

6656-431: The clinical presentation may resemble pheochromocytoma or Kawasaki disease . Desquamation (skin peeling) can occur with severe mercury poisoning acquired by handling elemental mercury. Historically, medicines could contain mercury and thus do more harm than good to patients. The popular Victorian medicine calomel contained mercury. In her 1859 autobiography, Scottish seamstress Elizabeth Storie describes her life as

6760-426: The country had been weak; some states had no regulation at all, and except for EPA emissions regulations, many crematoria had been essentially unregulated. In Michigan , for example, a change in the law was sought by a legislator who was also a funeral director, after discovering that negligent disposal of a body was not a crime in that state. Further, even where regulation was in place lack of enforcement often remained

6864-521: The dismissal of the claims. Walker County, through its attorneys Coppedge & Evans, amended its complaint to allege that Walker County was cleaning up an environmental hazard and is therefore entitled to recover damages. The environmental claim was also dismissed by Judge Smith, and the issues regarding the environmental claim are currently pending in the Georgia Court of Appeals. The Georgia Court of Appeals ruled that Walker County Georgia does not have

6968-788: The dismissal upheld by the Tennessee Court of Appeals . Brown and Crawford have requested the Tennessee Supreme Court to review the dismissal of the claims. Stuart James represents Brent Marsh in these appeals and the Tennessee Supreme Court has denied the request for appeal. The cases are dismissed pursuant to the legal findings of the Tennessee Court of Appeals in the Crawford v. Buckner Rush & Marsh decision. Brown, on behalf of certain plaintiffs living in Bradley County, also fought to require Brent Marsh to testify in court on

7072-515: The families of the identified corpses sued Tri-State and the funeral homes that had shipped the bodies there, and were eventually granted class-action status in two courts in two different states. Class-action status was granted by Judge Neil Thomas in Hamilton County, Tennessee Circuit Court. This case was filed by Nashville attorney David Randolph Smith. Smith associated Chattanooga defense attorney Phil Fleissner to act as co-counsel with Smith for

7176-410: The funeral homes. During the second trial in August 2004, the families settled with the Marsh family by agreeing to a conservation easement on the Marsh property and an uncollectable judgment against the Marsh family for $ 80 million, subject to a state court's pending determination that the incident was actually covered by the family's homeowner's policy. Stuart James and Frank Jenkins, the attorneys for

7280-855: The hands and sometimes spreading to other parts of the body), emotional lability (characterized by irritability, excessive shyness, confidence loss, and nervousness), insomnia , memory loss , neuromuscular changes (weakness, muscle atrophy, muscle twitching), headaches, polyneuropathy (paresthesia, stocking-glove sensory loss, hyperactive tendon reflexes, slowed sensory and motor nerve conduction velocities), and performance deficits in tests of cognitive function. The toxicity of mercury sources can be expected to depend on its nature, i.e., salts vs. organomercury compounds vs. elemental mercury. The primary mechanism of mercury toxicity involves its irreversible inhibition of selenoenzymes, such as thioredoxin reductase (IC50 = 9 nM). Although it has many functions, thioredoxin reductase restores vitamins C and E, as well as

7384-400: The impact of methylmercury in public health. Ethylmercury is a breakdown product of the antibacteriological agent ethylmercurithiosalicylate, which has been used as a topical antiseptic and a vaccine preservative (further discussed under Thiomersal below). Its characteristics have not been studied as extensively as those of methylmercury. It is cleared from the blood much more rapidly, with

7488-532: The latter also known as calomel. Because they are more soluble in water, mercuric salts are usually more acutely toxic than mercurous salts. Their higher solubility lets them be more readily absorbed from the gastrointestinal tract. Mercury salts affect primarily the gastrointestinal tract and the kidneys , and can cause severe kidney damage; however, as they cannot cross the blood–brain barrier easily, these salts inflict little neurological damage without continuous or heavy exposure. Mercuric cyanide (Hg(CN) 2 )

7592-483: The main producers of fluorescent light bulbs: General Electric, Philips and Osram. The United States Environmental Protection Agency (EPA) issued recommendations in 2004 regarding exposure to mercury in fish and shellfish. The EPA also developed the "Fish Kids" awareness campaign for children and young adults on account of the greater impact of mercury exposure to that population. Mercury thermometers and mercury light bulbs are not as common as they used to be, and

7696-448: The methods were made more difficult because of the lack of trained experts undertaking the investigation on the Marsh property. The experts, however, never testified because the civil cases against Tri-State and the funeral homes that had used Tri-State to perform cremation settled after a second trial had begun in the United States District Court for the Northern District of Georgia. The search ultimately recovered 339 uncremated bodies. Of

7800-459: The mid-1990s, having suffered several strokes and dementia. In mid-to-late 1996 his son, Ray Brent Marsh, took over operation of the business. On May 20, 2003, during the pendency of the litigation filed against the Marsh family, Tommy Marsh died. Between 1996 and the date of the discovery, more than 2,000 bodies had been sent to Tri-State. At some point after Ray Brent Marsh took over the business, he apparently had issues in performing cremations. It

7904-587: The peak value of mercury, not the length of the exposure. Methylmercury exposure during rodent gestation, a developmental period that approximately models human neural development during the first two trimesters of gestation, has long-lasting behavioral consequences that appear in adulthood and, in some cases, may not appear until aging. Prefrontal cortex or dopamine neurotransmission could be especially sensitive to even subtle gestational methylmercury exposure and suggests that public health assessments of methylmercury based on intellectual performance may underestimate

8008-427: The physical properties of liquid elemental mercury limit its absorption through intact skin and in light of its very low absorption rate from the gastrointestinal tract, skin absorption would not be high. Some mercury vapor is absorbed dermally, but uptake by this route is only about 1% of that by inhalation. In humans, approximately 80% of inhaled mercury vapor is absorbed via the respiratory tract , where it enters

8112-591: The production of items such as fluorescent light bulbs, batteries, and explosives. Many traditional medicines, including ones used in Ayurvedic medicine, and in Traditional Chinese medicine , contain mercury and other heavy metals. Organic compounds of mercury tend to be much more toxic than either the elemental form or the salts. These compounds have been implicated in causing brain and liver damage . The most dangerous mercury compound, dimethylmercury ,

8216-466: The public, and were widely reported by the news media with numerous people testifying including Dr. Kris Sperry of the Georgia Bureau of Investigation. The transcripts are public record; neither trial proceeded very far before settlements were reached. The funeral homes sued Tri-State and Marsh, eventually settling first for $ 36 million with the plaintiff's class in the United States District Court for

8320-402: The samples. Diagnosis of organic mercury poisoning differs in that whole-blood or hair analysis is more reliable than urinary mercury levels. Mercury poisoning can be prevented or minimized by eliminating or reducing exposure to mercury and mercury compounds. To that end, many governments and private groups have made efforts to heavily regulate the use of mercury, or to issue advisories about

8424-467: The settlement reached, by spring 2005 all buildings on the Tri-State property were razed. The property will remain in a trust so that it will be preserved in peace and dignity as a secluded memorial to those whose remains were mistreated, and to prevent crematory operations or other inappropriate activities from ever taking place there. The public does not have access to the land, and the land remains titled in

8528-430: The skin ( formication ); skin discoloration (pink cheeks, fingertips and toes); swelling; and desquamation (shedding or peeling of skin). Mercury irreversibly inhibits selenium -dependent enzymes (see below) and may also inactivate S -adenosyl-methionine , which is necessary for catecholamine catabolism by catechol- O -methyl transferase . Due to the body's inability to degrade catecholamines (e.g. adrenaline ),

8632-403: The skull and arm were intentionally a part of the files, but after they were discovered the skull and arm were quickly removed. In the end, all parties felt that they reached fair settlement of the litigation which included settlements of the class action cases, most of the individual cases, the criminal cases relating to identified bodies, leaving only a few claims in Bradley County. As part of

8736-423: The source of the mercury is crucial. Decontamination requires removal of clothes, washing skin with soap and water, and flushing the eyes with saline solution as needed. Before the advent of organic chelating agents, salts of iodide were given orally, such as heavily popularized by Louis Melsens and many nineteenth and early twentieth century doctors. Chelation therapy for acute inorganic mercury poisoning,

8840-413: The state of Georgia had pertinent regulations, a loophole in the law allowed crematories like Tri-State who dealt only with funeral homes to operate without a license, allowing them to go without state inspection. The state has since moved to tighten its regulations. The Tri-State incident was representative of a larger regulatory laxity regarding crematoria in the United States. Regulation in some parts of

8944-622: The station and informed Ronan that law enforcement officers were at the Marsh residence. In his first interview that afternoon with Walker County Sheriff Steve Wilson, Ronan recalls the Sheriff told him within a few hours the story would be "on the front page of the New York Times and the lead story on the evening newscasts." Ronan and WAGA's other reporters would spend nearly a month in Walker County before finally going home. A federal disaster team

9048-412: The time commented that even if the machine had broken down, proper maintenance would have kept the incinerator working, noting that most oven manufacturers have regular maintenance programs available. On February 7, 2007, a week before the fifth anniversary of the discoveries at the former crematory, the criminal defense attorneys for Marsh revealed that physiological testing had indicated that Brent Marsh

9152-509: The toxic mercury(II) chloride as the active ingredient. When applied, the chemical readily absorbs through the skin into the bloodstream. The use of mercury in cosmetics is illegal in the United States. However, cosmetics containing mercury are often illegally imported. Following a certified case of mercury poisoning resulting from the use of an imported skin whitening product, the United States Food and Drug Administration warned against

9256-463: The treatment of remains at Tri-State "an abuse of the most sacred trust" placed in the funeral service industry, a sentiment echoed by others in the industry. Many in the funeral industry and government pointed to a lack of regulation and inspection as a factor contributing to the incident. Many of the funeral homes never inspected the crematory to learn its operating procedures, and never ensured that cremations were actually being carried out. Although

9360-578: The use of mercury. Most countries have signed the Minamata Convention on Mercury . The export from the European Union of mercury and some mercury compounds has been prohibited since 15 March 2011. The European Union has banned most uses of mercury. Mercury is allowed for fluorescent light bulbs because of pressure from countries such as Germany, the Netherlands and Hungary, which are connected to

9464-423: The use of such products. Symptoms of mercury poisoning have resulted from the use of various mercury-containing cosmetic products. The use of skin whitening products is especially popular amongst Asian women. In Hong Kong in 2002, two products were discovered to contain between 9,000 and 60,000 times the recommended dose. Fluorescent lamps contain mercury, which is released when bulbs break. Mercury in bulbs

9568-1143: The whaling town of Taiji and found mercury levels more than 20 times the acceptable Japanese standard. Human-generated sources, such as coal-burning power plants emit about half of atmospheric mercury, with natural sources such as volcanoes responsible for the remainder. A 2021 publication investigating the mercury distribution in European soils found that high mercury concentrations are found close to abandoned mines (such as Almadén (Castilla-La Mancha, Spain), Mt. Amiata (Italy), Idrija (Slovenia) and Rudnany (Slovakia)) and coal-fired power plants. An estimated two-thirds of human-generated mercury comes from stationary combustion, mostly of coal . Other important human-generated sources include gold production , nonferrous metal production, cement production, waste disposal , human crematoria , caustic soda production, pig iron and steel production, mercury production (mostly for batteries), and biomass burning. Small independent gold-mining operation workers are at higher risk of mercury poisoning because of crude processing methods. Such

9672-408: Was 38 years. For every 100 females, there were 83.5 males. For every 100 females age 18 and over, there were 80.2 males. The median income for a household in the city was $ 23,093, and the median income for a family was $ 29,387. Males had a median income of $ 27,528 versus $ 20,906 for females. The per capita income for the city was $ 15,318. About 16.0% of families and 27.2% of the population were below

9776-418: Was a victim of mercury toxicity from the cremation of bodies with mercury dental amalgam . They stated that a faulty ventilation system exposed both Marsh and his father to toxic levels of mercury. The Cremation Society of North America commented in response to the case that funeral homes should use only reputable crematoria for cremation of remains, and only crematoria that they trust. The Society called

9880-485: Was associated with 4-6 point increases in child IQs. Some of the toxic effects of mercury are partially or wholly reversible provided specific therapy is able to restore selenium availability to normal before tissue damage from oxidation becomes too extensive. Autopsy findings point to a half-life of inorganic mercury in human brains of 27.4 years. Heavy or prolonged exposure can do irreversible damage, in particular in fetuses, infants, and young children. Young's syndrome

9984-410: Was brought into the area along with a portable morgue shipped from Maryland . The team began trying to identify the remains, a process made difficult because many of the corpses were in advanced stages of decomposition. Some were little more than skeletons. Experts hired by the Marsh attorneys, Stuart James and Frank Jenkins, were prepared to testify that the methods of recovery were questionable and that

10088-520: Was excluded from most teething powders in 1954. Acrodynia is difficult to diagnose; "it is most often postulated that the etiology of this syndrome is an idiosyncratic hypersensitivity reaction to mercury because of the lack of correlation with mercury levels, many of the symptoms resemble recognized mercury poisoning." Mercury was once prescribed as a purgative. Many mercury-containing compounds were once used in medicines. These include calomel (mercurous chloride), and mercuric chloride . In 1999,

10192-413: Was maintained by Terri Crawford. Crawford was outspoken regarding these cases, and at one point during the investigation was employed by the state of Georgia and the federal government as part of the investigative team. She later brought a claim to recover money for the loss of her brother's body. After consideration by the Tennessee Court of Appeals and review by the Tennessee Supreme Court, Crawford's claim

10296-505: Was not clear why this was the case. During his operation of the business, a total of 339 bodies went uncremated. Families of the deceased were given concrete dust instead of cremated remains. In early 2002, the United States Environmental Protection Agency office in Atlanta received an anonymous tip that something was amiss at Tri-State Crematory. The EPA officers sent to investigate the property discovered

10400-432: Was removed from childhood vaccines. Currently there is no accepted scientific evidence that exposure to thiomersal is a factor in causing autism. Dental amalgam is a possible cause of low-level mercury poisoning due to its use in dental fillings . Discussion on the topic includes debates on whether amalgam should be used, with critics arguing that its toxic effects make it unsafe. Some skin whitening products contain

10504-519: Was represented by McCracken Poston and Ron Cordova . The criminal cases against Marsh were settled after the Georgia Supreme Court had certified for review the defense question of whether a human corpse had any pecuniary value, an issue vital to the case in order to determine if the thefts could even be criminally prosecuted. The traditional common law holding was that a corpse does not have pecuniary value. Marsh eventually pleaded guilty and

10608-463: Was represented by Duke Groover and Ben Land of the State of Georgia. Georgia Farm Bureau is paying the settlement under a homeowner's policy of insurance. Much of the earlier settlement with the funeral homes has been paid. The Marsh family has not paid any amount to the plaintiff's class. Several claims remain in Tennessee. Claims that are being handled by plaintiffs' attorney Bill Brown and by Terri Crawford have been dismissed by Judge Neil Thomas and

10712-559: Was sentenced to 12 years in prison, with credit for the time he had spent in custody before obtaining pretrial release on bond. He was sentenced to concurrent sentences in Georgia and Tennessee for all criminal charges related to the incident. He received a sentence of 12 years in prison as well as 75 years of probation in Georgia. On June 29, 2016, Ray Brent Marsh was released from Central State Prison in Bibb County, Georgia , after serving his full 12-year sentence. Almost 1,700 members of

10816-436: Was ultimately dismissed by Judge Neil Thomas pursuant to the order of the Tennessee Court of Appeals and the order of the Tennessee Supreme Court denying any further appeal on behalf of Crawford. Under Tennessee law, non-next of kin may not bring a claim under the circumstances as alleged by plaintiffs across the state of Tennessee, Georgia, and Alabama; only next of kin may maintain a claim. The Tennessee Court of Appeals outlined

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