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This Hour by Frederick Remington Fully Cooked ready to eat
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The only thing we have to bury.
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Bear it crow, I'm not a crook.
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If you like your healthcare plan, you'll be able to
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keep your healthcare planning.
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By Mack f R three.
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Why fire.
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You're listening to Jim Paris Live, your source for the
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latest news on money, politics, prophecy of preparedness, and now
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your host, the editor in chief of Christian Money dot
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com at the author of more than thirty books. Jim Paris, all.
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Right, welcome to our number two of the broadcast. Really
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excited about this interview we're going to have this hour.
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The name of the book is Blindsided, the true story
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of one man's crusade against chemical giant DuPont for a
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boy that was born with no eyes. And joining us
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now is James Ferraro, who is an attorney who represented
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the family of this boy. And if you go to
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his website, which I spend some time today looking at
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his website. There's a list here of case after case
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after case of this law firm of James Ferraro, seven
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figure well and the seven figure judgments that they've gotten.
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This is a very very impressive list of cases here.
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But the one case that will really pull your heartstrings
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is this story. And every lawyer has that one case
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that sort of encapsulates their career. This might be his.
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We're going to say hello to him for the first time,
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James Ferraro. Good to have you with us, sir.
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Thank you. It's great to be on the show.
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Can I call you Jim? That's great, all right, because
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I'm James and I'm Jim also, so all right, there
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we go. All right, so we won't we won't be confused.
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I have to start by asking you. I've been reading
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this book and I am just I like started crying
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reading this book today, the story of what happened to
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this mother. And the first thing I got to ask you,
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is there going to be a movie? Because I want
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there to be a movie about this.
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Well, you know, we've we've got like half a dozen
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producers that are actively interested, so we're definitely going to
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make a movie. It's probably two years away. We should
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make sure we picked the right group to do it,
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but we're definitely to make a movie. That's kind of
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been part of the plan from day one.
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Yeah, Now, this case was actually twenty years ago, right,
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is that right?
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Right?
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It was. It was a year after the O. J.
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Simpson trial. It was on Court TV, and Court TV
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like took off with the O. J. Simpson trial, Right,
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So this whole thing was televised and we're on the
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air for like, you know, five six weeks all day long,
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and it was you know, it was a groundbreaking case
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at the time and it still is.
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And and so set this up because you read the
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beginning of the book and you get a phone call
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from a friend that says that they might have a
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case for you. And just like a lot of personal
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injury attorneys, you get those calls from friends, and nine
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out of ten times it's it's not a good case.
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It's just somebody that wants to talk to you and
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not pay anything. And and you kind of thought it
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was that, and tell us what.
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Happened, you know, I mean, he is a very good
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friend of mine that I've that I've known since since college,
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and he worked at a pension company. He's a CPA.
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I'm also CPA from way back when, and he a
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guy at his firm. His had a child born with
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no eyes, was Johnny Castillo, and he just called to listen.
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Would you talked to my friend, uh, you know one
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and Donna
Load full transcript
Castillo and uh, the son was born with
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no eyes and she was sprayed by a fung aside
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made by Dupon And you know, I kind of like,
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you know, you hear all kinds of things, and he's
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a good friend. So I said, okay, I'll sit down
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and talk to her. But I didn't expect much of it.
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And even when she came in and gave me this story, initially,
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you know, it's it's it's tragic. Her son was born
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with no eyes and tell.
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Us the story of what happened to her, how she
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got sprayed. I think that's important for people to understand.
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That she was and this is it's it's it's scary
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the way it happened. Because she lives in she was
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living at the time and Nell is in New England,
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but she was living in Miami in a rural area.
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So it's now developed with condominiums and all that. It's
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on Kendall drive you out towards Crome Avenue, which at
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that time was primarily farmed at some condos. And she
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was taking a walk with her her daughter in a stroller,
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and she was pregnant, seven or eight weeks pregnant, and
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there was a farm right in her neighborhood, and she
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was walking past the farm with the stroller on the
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opposite side of the street. And it was a windy day.
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It was like November one and November two of nineteen
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eighty nine, and there's a tractor with a big thirty
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six foot wingspan with its sprayers on, and it looked
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like it was stuck in mud. The tractor was like
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bucking and jerking, so looked like the guy's probably the tractor,
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the driver's probably stuck in mud with the sprayers open
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and the wind shift and the spray got all over
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her body. And at the time they didn't think it
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was anything because it had uh it was an odorless, tasteless,
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colorless spray, so they thought it was probably just water.
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She mentioned to her husband. They talked about it, and
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she went through the obstetrician and when she spoke to them,
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you know, they figured it
was water. And it wasn't
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until later that you discovered was something far worse than water.
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And the chemical that she didn't realize she was sprayed
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with a chemical. The chemical is called beno Mill, which
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is also marketed as ben Late, and it was taken
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off the market, I guess in two thousand and one
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according to you know my reading here on this. But
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tell us what that chemical is supposed to do on
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the farm, no, less when it sprays a person.
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Yeah, what is gonna ben Late is the actual product
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to Bentermill of the active ingredient, and you know that's
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that's owned by DuPont and Dumb. It's what it is
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that the spindle poison. What it means it like it's
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it's designed to affect the cells in fungicide and the
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cells and fungicide. That means that means the fungicide is
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supposed to kill cells in the plants, humans, human cells
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has something called tubulin and soda plants and it's the
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spindle poison inhibits the production of tubulin, which in turn
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will kill the cells. It's supposed to target fungus and
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know it's a fungicide and to protect the crops. Unfortunately,
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it was it did much work. It did much worse
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than that. It was a spindle poison that effects tubulia
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in a pretty bad way and affects tubulent in cells
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and humans, cells in plants, and basically tubulin anywhere. And
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it at the time that we took this case, there
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was issues with the product in another regard because it
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was killing a lot of crops. It was like, you know,
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it's just not just k funds. I was just destroying
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these crops and a lot of farmers made claims and
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at the time there's probably there's over half a billion
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dollars of claims that were paid until DuPont decided to
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dig their heels in and fight it. And then one
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came up with this health case. And when our case
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went up on a peal that their district Court of
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Appeals in Miami, they took the product off the market
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and never to be seen again. It was the number
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one selling agriculture product for DuPont in the entire world
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at the time.
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And of course this happened back I believe this was
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back before the days of what we call now today organic.
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You know, when you go to the grocery store, you
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have the regular and then you have the organic I
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don't know if that existed back then. But we're not
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talking about just for the listeners. We're not talking about
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someone that bought a tomato and ate the tomato in
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their home. We're talking about someone that was actually doused,
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was sprayed with this chemical by mistake, well just simply
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outwalking their child, and they were pregnant, and it afected
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the pregnancy. Now, did it affect the mother, the living mother,
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at any at any.
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Point, No, did not, and it was did not. It
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was known as a dermal exposure. When you get sprayed
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by a chemical or any kind of any type of spray,
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it's on your skin, it's known as a dermal exposure.
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And we basically had to take this chemical through her skin,
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through her blood to the placenta down to the embryo
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and so on and so forth, which which was quite
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a task, had never been done before.
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And we have a break coming up here, Jim, So
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before we hit the brake, I'm going to just set
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it up here. What we're going to do after the
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break is we're going to talk about what happened when
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this mother gave birth after being exposed to this chemical.
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Her child is born without eyes and this goes into litigation.
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We're going to get into all of this during the
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balance of the hour, and also also in New Zealand,
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this happened to some folks there too, and we've got
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information on that as well. More after this, stay tuned. HI,
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this is radio talk show host Jim Parris. And if
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you are like me, you hate all of those monthly bills. Well,
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--> 00:10:18.879
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two six six zero seven thousand.
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You're listening to Jim Paris Live, All.
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Right, we are back. Our guest this hour is James Ferraro.
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The book is Blindsided, the story of one man's crusading
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against chemical giant DuPont for a boy born with no eyes. Wow,
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what a book, folks. This is a great books. It's
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a hardcover book you can get it an Amazon and
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if you want to find out more about their law firm,
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they handle a large number of cases. Ferrarolaw dot com.
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Ferraro Law dot com is the website. So Jim pick
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up the story. So this woman she goes to her
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her doctor. He said, everything's fine, you know, and you
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probably just got sprayed with water. They kind of dismissed this,
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and then what it was seven months later she gives
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birth and all along the way everything's fine, and then
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this is a shock that the baby has no eyes.
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Tell us about that.
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Right right, there was no abnormalities detected at any time.
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Bring the pregnancy. All systems would go because to the
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hospital and you know, she gives birth and yeah, she
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thought anything was fine. They took the baby away from her.
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She did realize immediately that the baby didn't have eyes.
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Then she thought she overheard the doctor talking. And this
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is you know, after the fact that and you know,
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then he eventually came to her and told her she
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thought you overheard them talking about his eyes and she
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just didn't it first, didn't even register when they said
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it to her, like she's like, what do you mean
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no eyes? Because people just dart and used to seeing
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people with no eyes. You see blind people and you
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hear about blind people, but generally see people no like eyeballs,
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and that's what this is. It's and you know then
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she was just like in shock at that point
and
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didn't know where to go, what to do, and didn't
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you know, didn't really realize at the time what the
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clause was. It wasn't until later that she found out
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what the cause was.
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And this is when she could only think back and
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remembered that and thought, well, wow, maybe that is why
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this happened, and that was her only connection, is that right? Right?
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What happened was she you know, the condition of having
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no eyes is called anapopthomia, and if you have very
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small like you can't see with them, a very small
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eyes or sifts, it's called microphthomia. Well, she got involved
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with a support group for parents of children that have
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this condition. There was like over one hundred people in
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above with this group. It was out of Great Britain,
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and they would just you know, help each other long,
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you know, dealing with the trials and tribulations of having
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a child with no lives. And the group was there
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was an investigation that took place by the with the
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London Observer and the BBC and this was like in
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you know, the like ninety one ninety twoish and it
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was because there was a cluster group of children were
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born with no lives, which was extremely weird and strange.
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And they started to investigate this, like what is this
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and why And it turns out that it was there
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was a product used there with the same characteristics as
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a dupap product. It's called carbondism, which is pretty much
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the same as Benemil does the same thing. And all
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these agriculture workers are a cluster in fight that the
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kids born with no lives. So then they went to
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the support group, you know, and they of these you know,
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one hundred plus families that had children no lives, and
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they would just you know, just inquire and investigate. And
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the only and that was the you know, they asked
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you ever you know, we ever sprayed by anything, and
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you know, that incident was the first thing that came
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to mind. A reporter from the London Observer made a
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call to the farm in Miami and spoke to the
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head of the farm who admitted that they were using
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bed late at that time, and uh, and that was
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how the that's how the puzzles started to get put together.
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That was the first piece and uh, you know, later
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on the uh you know, later on in discovery during
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the case, the farmer denied it, but we were able
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to prove that the call took place through cell phone records,
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and uh, you know, it was it took a year
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to go through that little process, but you know, there
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were was a nine minute call at four forty you know,
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Greenwich meantime, showed up at eleven forty am the Eastern
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standard time on the farmer's cell phone, a nine minute call,
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just like the reporter said. And initially a farmer denied
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that because his cell phone records did not show where
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the call was coming from. So we had to go
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through the Hay Convention get record.
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From Wow this so this went international. And then I
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was thinking too that if this mom had not gone
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to her doctor to ask about this, there would have
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been no record, you know, contemporaneous record of her having
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been sprayed, right right right, Yeah, that.
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Was yeah, that wasn't that wasn't even an issue that
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the event happened. But of course, you know, when you
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get into litigation, you know, everyone tries to hide the ball,
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and it was like there was you know, in the book,
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we talk about one of the big issues we had
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because later the farm fred to deny it, but we
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caught them with the cell phone records at the admission.
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But still there is a lot of chemicals out there
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might approve which one it was, and we're able to
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do that. So, I mean, we there was no question
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that the exposure happened and all that, But the harder
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00:20:12.359
part of the case really was the science itself, because
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who we're dealing with a chemical here, which is much
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different than a drug because you can't test chemicals on humans.
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And what I'm going to do is I'm going to
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ask you to hold the science to our next segment
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because this is huge. I want to talk about this
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00:20:26.680 --> 00:20:30.119
whole idea of how you were able to deal with
359
00:20:30.160 --> 00:20:33.039
a challenge to your science as junk science. But we'll
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get into that in the next segment. But talk for
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a minute if you can, about in October of two
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thousand and eight, So now we're fast forward. This is
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00:20:41.200 --> 00:20:44.079
not very long ago. Nine years ago. It says that
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DuPont paid confidential settlements. I'm reading from the Wikipedia page
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here about this chemical to two New Zealand families whose
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children were born with the same condition without eyes. What
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do you know about that?
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00:20:57.759 --> 00:21:01.440
Yeah, well there was the well we ended up representing
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00:21:01.559 --> 00:21:06.720
like over twenty families and somewhere from christ Church, New Zealand.
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And uh, what happened in New Zealand was was there
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was a two fam to two workers that worked at
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a nursery and from the same nursery they had children
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born with the condition. And uh so that that was
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part of a group that was settled, you know a
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while back. But there was uh DuPont is you know,
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they they they fought hard. I mean, they fought very hard,
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and they denied and I deny and you know, at
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the end of the day, you know, the truth came
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out and now they had to pay and they did.
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And I can only imagine. And we'll get into this
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morning the next segment. But uh, at that time that
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that you took on DuPont, how big was your firm
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00:21:54.319 --> 00:21:56.839
and and what I mean was this a David versus
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Goliath type of a situation where you don't poke a
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00:22:00.960 --> 00:22:02.319
bear as big as DuPont.
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00:22:03.160 --> 00:22:06.519
Yeah, No, it was definitely a David Goliath type of situation.
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00:22:06.839 --> 00:22:09.480
The firm, you know, had started
to do very well
388
00:22:10.599 --> 00:22:13.160
around nineteen ninety one. I was doing really well, and
389
00:22:13.200 --> 00:22:15.799
when Donna Castillo came in office, it was June of
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00:22:15.880 --> 00:22:20.119
nineteen ninety three, and I was at that time making
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00:22:20.359 --> 00:22:24.920
more money than I thought it would career wise. But
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00:22:25.559 --> 00:22:29.240
you know, taking on DuPont is a whole different ballgame.
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00:22:29.920 --> 00:22:32.279
In a new tour, in a new area like this,
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00:22:32.920 --> 00:22:36.319
invving a chemical there never been a verdict in the
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00:22:36.359 --> 00:22:40.599
world against the chemical company for a birth effect ever anywhere.
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00:22:41.359 --> 00:22:43.759
And then of course it's DuPont and all the lawyers
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00:22:43.759 --> 00:22:46.680
that they have on salary that can run you around
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00:22:47.319 --> 00:22:49.359
the ring all day. We'll get into all of that
399
00:22:49.559 --> 00:22:54.400
the science and more fascinating book Blindsided. Grab yourself a
400
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copy over at Amazon. Our guest James Ferraro, will be
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back with two more segments. Don't miss it.
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You are listening to Jim Paris Live.
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All right, we are back. The book is called blind Sided,
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a true story of one man's crusade against chemical chemical
482
00:27:31.640 --> 00:27:35.359
giant DuPont for a boy born with no eyes. And
483
00:27:35.720 --> 00:27:39.160
our guest attorney, James Ferraro is with us and we
484
00:27:39.200 --> 00:27:42.799
want to thank him for interrupting his vacation on Martha's
485
00:27:42.839 --> 00:27:47.680
vineyard to do the interview. Thank you, sir, Jim. Let's
486
00:27:47.680 --> 00:27:51.160
talk about the science side of this. So if I
487
00:27:51.279 --> 00:27:55.759
understand this in your book, what you did was kind
488
00:27:55.759 --> 00:27:59.759
of sneaky but very smart. You basically said that we're
489
00:27:59.799 --> 00:28:03.759
going to use the same scientific standard that DuPont used
490
00:28:03.799 --> 00:28:08.079
themselves to get this chemical approved with the government, and
491
00:28:08.160 --> 00:28:10.880
we're going to use that same standard in court. But
492
00:28:11.039 --> 00:28:15.319
DuPont objected to that, called their own science junk science.
493
00:28:15.359 --> 00:28:16.440
Do I understand that, right?
494
00:28:16.720 --> 00:28:16.920
Yeah?
495
00:28:16.920 --> 00:28:18.359
I mean that was part of it. See, there was
496
00:28:18.400 --> 00:28:22.599
there was science from from DuPont themselves and from others
497
00:28:22.720 --> 00:28:24.880
that gets you know, when you when you put a product,
498
00:28:24.880 --> 00:28:26.240
you want to get a product in the market, like
499
00:28:26.279 --> 00:28:29.839
their bentlet product, they submit, they make submissions to the
500
00:28:29.839 --> 00:28:32.559
EPA and they hand them all as science. A lot
501
00:28:32.599 --> 00:28:34.759
of it was done by DuPont themselves, some of it
502
00:28:34.799 --> 00:28:39.720
was done by others, okay, and they submitted and ultimately
503
00:28:39.799 --> 00:28:44.440
the EPA after years, initially put a presumption against registration
504
00:28:44.519 --> 00:28:47.759
on their product as a possible danger to pregnant women,
505
00:28:48.200 --> 00:28:51.799
and DuPont kept persisting. They redid a study that they
506
00:28:51.799 --> 00:28:54.039
did in nineteen eighty that had very bad results, They
507
00:28:54.079 --> 00:28:57.519
redid the same study in eighty two with better results,
508
00:28:57.559 --> 00:29:01.519
and ultimately EPA put on the market. So now they
509
00:29:01.559 --> 00:29:06.759
file motion to exclude science and that's done. It's done
510
00:29:06.759 --> 00:29:11.839
pretty regularly in the world of litigation these days. But
511
00:29:11.880 --> 00:29:17.200
what really bothered me is that the data that they
512
00:29:17.279 --> 00:29:20.759
submit to a governmental agency to get their product licensed,
513
00:29:21.400 --> 00:29:25.240
they're now calling junk science. So what I want to do,
514
00:29:25.279 --> 00:29:27.160
and this is really why I wrote the book. The
515
00:29:27.160 --> 00:29:30.200
reason I wrote the book is I want public awareness
516
00:29:30.240 --> 00:29:33.240
on this, and I don't think that it's right that
517
00:29:33.319 --> 00:29:36.559
they can call science junk that they submit to a
518
00:29:36.599 --> 00:29:40.119
government governmental agency to get their product license. So I
519
00:29:40.119 --> 00:29:43.160
believe there should be a federal statute that is, if
520
00:29:43.200 --> 00:29:45.960
you submit whatever you submit to a governmental agency for
521
00:29:46.039 --> 00:29:49.440
licensing purposes is a mispornal court of law. You can
522
00:29:49.480 --> 00:29:51.279
call it junk science if you like, but you can
523
00:29:51.319 --> 00:29:54.279
be saying it to a jury, not to a judge,
524
00:29:54.480 --> 00:29:57.960
who may exclude it for whatever political reasons there may be,
525
00:29:58.000 --> 00:30:02.079
you know.
So it's just it's just a very unfair situation.
526
00:30:02.559 --> 00:30:05.039
So we go through all that for a week of
527
00:30:05.119 --> 00:30:09.279
hearings on that we prevailed. We prevailed on it because
528
00:30:09.319 --> 00:30:12.559
the science really is generally accepted science, aside from the
529
00:30:12.599 --> 00:30:15.799
fact that they're now calling it junk. But we had
530
00:30:15.799 --> 00:30:17.839
to do the harder part of the case was is
531
00:30:17.880 --> 00:30:22.640
that they're harder than the junk science defense is the
532
00:30:22.680 --> 00:30:28.799
mere fact then ethically you're not allowed to test chemicals
533
00:30:29.200 --> 00:30:32.599
on pregnant women because no good could come from it
534
00:30:32.680 --> 00:30:35.440
only something bad could happen, unlike drugs, or they do
535
00:30:35.519 --> 00:30:38.680
control trials on humans because it may be benefit.
536
00:30:38.799 --> 00:30:41.960
So they right, they don't say, well, well we sprayed
537
00:30:42.359 --> 00:30:45.640
a thousand pregnant women with this chemical and here are
538
00:30:45.640 --> 00:30:47.519
some of the side effects, because no one would be
539
00:30:47.799 --> 00:30:50.839
would agree to being that study A and B. There
540
00:30:50.839 --> 00:30:52.559
would be no normal use like that.
541
00:30:53.880 --> 00:30:58.160
There's no possible benefit, only a danger. So you can't
542
00:30:58.799 --> 00:31:02.039
just test danger only type of situations. You can test
543
00:31:02.599 --> 00:31:05.680
risk benefits. And that's why drugs it's okay, it may
544
00:31:05.720 --> 00:31:08.079
be bad, but it may be really good, so you're
545
00:31:08.119 --> 00:31:11.160
allowed to get humans involved with those kind of trials.
546
00:31:11.599 --> 00:31:13.880
So we had to do here is literally we went
547
00:31:13.960 --> 00:31:17.440
piece by piece from the science. We had thirteen different
548
00:31:17.480 --> 00:31:21.720
experts testify and link them all up piece by piece
549
00:31:21.960 --> 00:31:25.680
we generally accepted science. So we literally got generally accepted science.
550
00:31:25.680 --> 00:31:28.279
It shows how you you know, calculate the dose on
551
00:31:28.319 --> 00:31:31.480
someone's skin, and that's all generally accepted. Then we took
552
00:31:31.519 --> 00:31:34.519
it through the skin and how much gets through the skin,
553
00:31:35.000 --> 00:31:37.000
and you know how much what happens we gets through
554
00:31:37.000 --> 00:31:38.720
the skin. Now it's in the blood. What happens in
555
00:31:38.759 --> 00:31:41.319
the blood. What happens to the chemical, And what's the
556
00:31:41.359 --> 00:31:46.119
half life of the chemical? You know's what's the blood
557
00:31:46.160 --> 00:31:49.200
supply like and a pregnant woman, what does the percenta do?
558
00:31:49.880 --> 00:31:50.079
You know?
559
00:31:50.279 --> 00:31:53.680
So on and so forth. So essentially three percent of
560
00:31:53.720 --> 00:31:57.039
the chemical we'll get into the blood and it has
561
00:31:57.039 --> 00:31:58.880
a half life of forty five minutes, which means you
562
00:31:58.920 --> 00:32:01.559
have half as much left forty five minutes, and it
563
00:32:02.279 --> 00:32:05.680
converts to another something called heart droxy five NBC, which
564
00:32:05.720 --> 00:32:10.960
is just as dangerous. But the placenta absorbs anything. It'll
565
00:32:11.000 --> 00:32:13.839
absorb motor oil. So then what happens now when it
566
00:32:13.880 --> 00:32:17.400
gets into the fetal blood supplier or the embryonic blood supply.
567
00:32:17.960 --> 00:32:20.319
That's what we had to do that Now, the eyes
568
00:32:20.400 --> 00:32:24.839
developed in an embryo seven. The process is from seven
569
00:32:24.920 --> 00:32:28.359
to ten weeks. That's precisely during the period of time
570
00:32:28.400 --> 00:32:32.240
that Missus castile was exposed. So then what do we do?
571
00:32:32.319 --> 00:32:34.039
Then you took it all the way down to the cell.
572
00:32:34.119 --> 00:32:37.119
We took it to the cell level, and it was
573
00:32:37.319 --> 00:32:39.759
all generally accepted science. What happens at the cell level?
574
00:32:39.799 --> 00:32:41.200
How do you test it? What do you how much
575
00:32:41.200 --> 00:32:43.440
does it take to call cell death? What turns out
576
00:32:43.480 --> 00:32:46.759
it's twenty two parts per billion of this chemical causes
577
00:32:47.000 --> 00:32:50.440
cell death or apoptosis. Three parts per billion causes some
578
00:32:50.559 --> 00:32:53.559
called neo rite retraction, which means the cells can't communicate
579
00:32:54.319 --> 00:32:57.920
those things that will cause us felt malformations. So literally,
580
00:32:58.000 --> 00:33:02.240
we had to have We had geneticists, we had chemists,
581
00:33:02.559 --> 00:33:07.119
we had biologists, we had neuro opthalmologists, we had terratologist,
582
00:33:07.519 --> 00:33:12.720
developmental toxicologist, fetal pathologists, all these different experts.
583
00:33:13.000 --> 00:33:15.240
I have to ask you, if you're comfortable telling me
584
00:33:15.599 --> 00:33:19.880
how much money did your firm have to front in
585
00:33:19.920 --> 00:33:21.640
expenses for a case like this.
586
00:33:22.599 --> 00:33:25.039
It was it's in the seven figures, and it's like
587
00:33:25.200 --> 00:33:26.920
and it's like, you know, when we took the case,
588
00:33:27.000 --> 00:33:31.880
you know, we were Missus Castillo had nowhere to go.
589
00:33:32.559 --> 00:33:34.680
And that isn't the sole reason I took the case,
590
00:33:34.720 --> 00:33:37.359
because initially I wasn't going to take the case till
591
00:33:37.359 --> 00:33:41.880
we did some We did some research, and we found
592
00:33:42.000 --> 00:33:44.440
a study that was done at the University of California
593
00:33:44.440 --> 00:33:48.119
where he tested pregnant rats with this chemical. In the
594
00:33:48.240 --> 00:33:51.440
rat offspring. In that study, forty three percent of the
595
00:33:51.480 --> 00:33:56.000
rat offspring had no eyes or other ocular abnormalities.
596
00:33:56.240 --> 00:33:56.440
Wow.
597
00:33:56.480 --> 00:33:59.400
Based on that outside study. We took the case because
598
00:33:59.759 --> 00:34:03.480
in Florida, you can prove a case without actual knowledge
599
00:34:03.480 --> 00:34:06.079
of the company itself. If the state of the art
600
00:34:06.119 --> 00:34:07.920
is such that they should have known, you know, so
601
00:34:07.920 --> 00:34:10.599
they should have known standard either you knew or you
602
00:34:10.599 --> 00:34:13.679
should have known, and you know, so they you know
603
00:34:13.679 --> 00:34:16.159
in this scenario, So okay, we'll take the case because
604
00:34:16.519 --> 00:34:19.639
we have the outside knowledge that they should have known,
605
00:34:19.960 --> 00:34:22.880
even though of course you know they know. And ultimately
606
00:34:22.960 --> 00:34:25.239
we did find studies they did themselves that were not
607
00:34:25.320 --> 00:34:25.800
too good.
608
00:34:26.880 --> 00:34:29.079
Now and we don't want to lose people with all
609
00:34:29.119 --> 00:34:32.639
the science. And in the next segment, in our next segment,
610
00:34:32.639 --> 00:34:35.159
I want to talk about the family and where they're
611
00:34:35.199 --> 00:34:37.159
at today and all that. So we're going to save
612
00:34:37.199 --> 00:34:39.320
that for then, But can you give us a couple
613
00:34:39.320 --> 00:34:42.760
of anecdotes. I'm thinking, you know a lah a John
614
00:34:42.800 --> 00:34:46.559
Grisham novel, that you're up all night, you got the
615
00:34:46.599 --> 00:34:50.159
documents spread out all over your house. You you rush
616
00:34:50.199 --> 00:34:51.840
out the door in the morning to make it to
617
00:34:51.920 --> 00:34:54.880
a hearing, and all your tires are slashed or somehow
618
00:34:54.920 --> 00:34:57.800
there's there's an ambulance at each end of your street
619
00:34:57.840 --> 00:35:00.480
blocking you. Do you have a story or two like
620
00:35:00.559 --> 00:35:03.320
that where these guys played a little bit of hardball
621
00:35:03.360 --> 00:35:03.559
with you.
622
00:35:03.760 --> 00:35:06.280
Yeah, well, well we'll give you one. They you know,
623
00:35:06.320 --> 00:35:09.039
first of all, they keep their documents. They kept at
624
00:35:09.039 --> 00:35:11.039
the time they kept them is this is pre internet.
625
00:35:11.159 --> 00:35:12.719
You don't sit there in your computer and just serve
626
00:35:12.760 --> 00:35:15.000
through documents. You go there and you look through these big,
627
00:35:15.119 --> 00:35:18.119
dusty boxes. They had millions of documents in this huge
628
00:35:18.119 --> 00:35:22.000
warehouse intentionally set up so it's very difficult to find things.
629
00:35:22.320 --> 00:35:25.440
But back then, the custom when you want one law
630
00:35:25.480 --> 00:35:28.519
firm to another asked for documents. Back then, they charged
631
00:35:28.519 --> 00:35:31.719
basically ten cents a page for copies. That's generally the custom.
632
00:35:32.440 --> 00:35:35.000
I had eight thousand pages of documents that I selected
633
00:35:35.039 --> 00:35:37.400
that I needed for a very crucial hearing that could
634
00:35:37.440 --> 00:35:40.760
have tanked the entire case. And they knew, and you
635
00:35:40.760 --> 00:35:44.480
know that I needed them. Immediately, they sent me a
636
00:35:44.480 --> 00:35:47.599
bill for eighty thousand pages for a dollar per page,
637
00:35:47.599 --> 00:35:50.960
which is eighty thousand dollars. I said eight thousand dollars
638
00:35:51.320 --> 00:35:54.280
right now. I was going, you know, crazy for a
639
00:35:54.320 --> 00:35:56.239
few minutes there, and then I decided, you know what,
640
00:35:56.559 --> 00:35:58.440
that's what they want me to do. So what I
641
00:35:58.480 --> 00:36:00.519
did is I wrote a check for eight thousand dollars,
642
00:36:00.760 --> 00:36:03.559
put it in an envelope that exit to them overnight
643
00:36:04.480 --> 00:36:07.199
and said in closed be spine check for eight thousand dollars.
644
00:36:07.679 --> 00:36:10.960
Expected documents in the corn to agreement by you know,
645
00:36:11.119 --> 00:36:14.920
five pm tomorrow and that's it. And that's a that's
646
00:36:14.960 --> 00:36:18.400
the financial bomb. And then you know there were you know,
647
00:36:18.519 --> 00:36:21.599
from other sources. I was told that they were every
648
00:36:21.960 --> 00:36:25.199
year during this ligation. They were checking my taxi terms
649
00:36:25.239 --> 00:36:28.400
to see if Jim was still able to hang with them,
650
00:36:28.599 --> 00:36:30.679
and ultimately.
651
00:36:32.039 --> 00:36:35.079
So they were running reconnaissance on your personal finances to
652
00:36:35.159 --> 00:36:39.840
see if you were able to continue to write to
653
00:36:40.199 --> 00:36:42.599
handle the financial burden of it all. All right, when
654
00:36:42.599 --> 00:36:44.719
we come back, we're going to talk about how long
655
00:36:44.760 --> 00:36:47.320
this case took, how many years did it go into
656
00:36:47.599 --> 00:36:50.719
the appellate level, what happened to this family or how
657
00:36:50.719 --> 00:36:53.599
are they doing today, and maybe a little bit more
658
00:36:53.599 --> 00:36:55.719
insight on what might be in the movie if this
659
00:36:55.800 --> 00:36:58.559
does become a movie. All that and more. Stay tuned,
660
00:36:58.559 --> 00:37:09.519
we'll be back. Hello everybody, This is radio talk show
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00:37:09.559 --> 00:37:14.760
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724
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725
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726
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727
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You're listening to Jim parents love.
728
00:41:23.559 --> 00:41:25.880
All right, we are back and this is our last
729
00:41:25.920 --> 00:41:30.440
segment with attorney James Ferraro. He is an attorney. He
730
00:41:30.480 --> 00:41:34.559
has offices in Florida, Washington, d C. You still have
731
00:41:34.559 --> 00:41:36.480
an office in Ohio? Is that right, Jim?
732
00:41:36.719 --> 00:41:39.159
Yes,
that's actually a separate law firm. It's called Kelly
733
00:41:39.239 --> 00:41:39.840
in Ferraro.
734
00:41:40.400 --> 00:41:43.000
Okay, very good, because we have a lot of listeners
735
00:41:43.000 --> 00:41:45.960
and followers in Cleveland. Is it in Cleveland?
736
00:41:46.280 --> 00:41:48.599
It is? It's in Cleveland. And you was the firm
737
00:41:48.679 --> 00:41:51.599
started in nineteen ninety seven. Twenty is actually twenty years
738
00:41:51.639 --> 00:41:53.000
old in June.
739
00:41:53.360 --> 00:41:56.960
Okay, very very good. And I love this. I love
740
00:41:57.039 --> 00:42:00.360
this whole story. You're helping this, this this mo co out,
741
00:42:00.360 --> 00:42:03.440
this this family. They have no money to go up
742
00:42:03.480 --> 00:42:08.480
against DuPont. Clearly David and Goliath story. Have you seen,
743
00:42:08.559 --> 00:42:15.679
by the way that the the Amazon Goliath movie, It
744
00:42:15.760 --> 00:42:19.239
might it might bring back some scary memories a similar
745
00:42:19.320 --> 00:42:23.840
kind of a situation. Billy Bob Thornton is the attorney there.
746
00:42:24.079 --> 00:42:28.079
He's actually a sort of an alcoholic living out of
747
00:42:28.119 --> 00:42:32.400
like a rundown hotel and takes on a big corporation.
748
00:42:32.599 --> 00:42:36.239
So so I'm sure you weren't quite those diary of circumstances.
749
00:42:36.440 --> 00:42:39.519
But some of our listeners are emailing me questions and
750
00:42:39.599 --> 00:42:41.840
I want to get to all these but somebody wants
751
00:42:41.920 --> 00:42:43.119
to know, and I think, and I was going to
752
00:42:43.159 --> 00:42:46.199
get to this anyway, but how long did this case take?
753
00:42:46.239 --> 00:42:49.199
And you've mentioned a Pellett a couple of times, so
754
00:42:49.280 --> 00:42:53.159
I'm assuming at the end of the the nineteen ninety
755
00:42:53.199 --> 00:42:56.440
six jury award it says here was four million. I'm
756
00:42:56.480 --> 00:42:59.760
reading from Wikipedia hoping this is right, and I'm assuming
757
00:42:59.800 --> 00:43:02.639
they peeled that. How long did that go? And how
758
00:43:02.719 --> 00:43:04.159
much money did you ultimately get?
759
00:43:04.159 --> 00:43:05.920
If you can tell us for this time it was
760
00:43:05.960 --> 00:43:08.599
like yeah, with interest in all that was like it
761
00:43:08.639 --> 00:43:12.039
was just under seven million on that case. But from
762
00:43:12.079 --> 00:43:14.360
the day Donica still walked in my office in June
763
00:43:14.400 --> 00:43:17.360
of nineteen ninety three, it was ten years and one
764
00:43:17.400 --> 00:43:20.639
month later when we got word from the Florida Supreme
765
00:43:20.639 --> 00:43:23.639
Court what happened on appeals. We went up, we went
766
00:43:23.679 --> 00:43:28.920
to the Intermediate Pella Court, or they did, and they
767
00:43:29.039 --> 00:43:31.400
basically came in with half of Washington d C. And
768
00:43:31.480 --> 00:43:34.199
then the Kirkland Analysts. They had the top guy at
769
00:43:34.239 --> 00:43:37.840
Kirkland Analysis, the number three chair oral argument from them
770
00:43:37.920 --> 00:43:40.480
was the ex Chief Justice of the Florida Supreme Court,
771
00:43:41.239 --> 00:43:44.719
and they drew a really good panel, and it's a crap,
772
00:43:44.840 --> 00:43:47.159
you know, it's a crap you get three out of nine,
773
00:43:47.519 --> 00:43:50.719
and the three that they got were very good for them,
774
00:43:51.079 --> 00:43:57.199
and they they reversed the verdict. So now we basically
775
00:43:57.239 --> 00:44:01.840
have a one in seventy five to one one hundred
776
00:44:01.920 --> 00:44:04.000
chance of getting the Supreme Court of Florida to take
777
00:44:04.039 --> 00:44:07.599
the case. And I was just so deeply into it
778
00:44:07.639 --> 00:44:11.199
emotionally and financially and believed in the case because I
779
00:44:11.239 --> 00:44:14.280
knew we were right. We were definitely right. So we
780
00:44:14.320 --> 00:44:16.280
took a shot to get to the Florida Supreme Court
781
00:44:16.320 --> 00:44:20.119
and they took jurisdiction, and then we argued the case
782
00:44:20.119 --> 00:44:23.519
at the Florida Supreme Court and they wrote a forty
783
00:44:23.519 --> 00:44:28.239
page opinion reinstating the verdict. And that is still the
784
00:44:28.320 --> 00:44:31.280
law on Florida's been the law Florida on science.
785
00:44:31.079 --> 00:44:37.079
For you know, Castile versus Dumont, DuPont, Castillo versus DuPont,
786
00:44:37.119 --> 00:44:41.079
and that's a landmark case and every lawyer wants to
787
00:44:41.119 --> 00:44:43.360
have that quotable case, and you have that case. Maybe
788
00:44:43.400 --> 00:44:45.840
more than that that case, but that's certainly the one
789
00:44:46.199 --> 00:44:50.639
that people will associate with your career. Right now, as
790
00:44:50.719 --> 00:44:54.480
far as the family today, people are emailing men like crazy.
791
00:44:54.559 --> 00:44:58.679
So if I'm understanding this right, this boy would be
792
00:44:58.760 --> 00:45:01.679
ten years old right when the money finally comes out
793
00:45:01.719 --> 00:45:02.320
to the family.
794
00:45:03.599 --> 00:45:06.159
No, he was six years old at the time of trial.
795
00:45:06.280 --> 00:45:09.159
So by the time the money came in, it was
796
00:45:09.679 --> 00:45:13.000
well he was actually when the that temtory he was six.
797
00:45:13.079 --> 00:45:15.960
He'd have been thirteen at the time that the uh
798
00:45:16.519 --> 00:45:19.000
that the money came in. In the in the the
799
00:45:19.119 --> 00:45:21.360
idea was they wanted to go to Perkins School for
800
00:45:21.440 --> 00:45:25.400
the Blind, and that's exactly where he went. And you know,
801
00:45:25.400 --> 00:45:28.360
I have to respect the privacy of the family, but
802
00:45:28.679 --> 00:45:33.440
I can say that Johnny is very very good with music.
803
00:45:34.079 --> 00:45:38.760
He's you know, he's he's developed his other senses to
804
00:45:38.840 --> 00:45:42.280
the max, and he's doing extremely well in the as
805
00:45:42.320 --> 00:45:45.639
a musician, you know. And in the in the family
806
00:45:45.840 --> 00:45:49.199
just relocated. They left, they left Miami after that and
807
00:45:49.559 --> 00:45:54.119
they relocated to New England. And the family's don't fine.
808
00:45:54.320 --> 00:45:57.639
Wow, And I bet, I bet you get quite a
809
00:45:57.679 --> 00:46:00.400
few invitations to sit down at I think giving her
810
00:46:00.480 --> 00:46:01.840
Christmas dinner with those folks.
811
00:46:02.320 --> 00:46:04.119
Yeah, you know what it's like. I look at myself
812
00:46:04.159 --> 00:46:08.119
though really, as you know, it's like you want to
813
00:46:08.119 --> 00:46:11.880
respect their their lives and you want to you want to.
814
00:46:12.280 --> 00:46:14.159
That's like if I'm a surgeon and I to operate
815
00:46:14.159 --> 00:46:16.559
on you, I take care of it and you go on.
816
00:46:16.920 --> 00:46:18.719
And that's you got to let them live. And they're
817
00:46:18.760 --> 00:46:22.679
they're they're they're very happy. You know. The saddest thing
818
00:46:22.679 --> 00:46:26.679
about it is is if we can't bring his eyes back,
819
00:46:26.760 --> 00:46:29.039
you can't bry him eyes. And that's the saddest thing
820
00:46:29.079 --> 00:46:32.159
about it. And all the law can do is compensate
821
00:46:32.199 --> 00:46:35.000
and make life as good as you possibly can under
822
00:46:35.119 --> 00:46:36.679
very dire circumstances.
823
00:46:36.760 --> 00:46:38.760
Well, and this is what lawyers go to law school for,
824
00:46:38.880 --> 00:46:41.679
to be able to do something good and help people. Now,
825
00:46:41.840 --> 00:46:45.119
for those people that don't understand what's going on here,
826
00:46:45.159 --> 00:46:47.320
I want to sort of step back a little bit.
827
00:46:47.920 --> 00:46:52.159
Seven million dollars is nothing to a company like DuPont. So,
828
00:46:52.159 --> 00:46:55.960
so when they bring in an army of lawyers, is
829
00:46:56.280 --> 00:46:59.519
is it right in assuming they're trying to stop you
830
00:46:59.559 --> 00:47:03.159
from proof something that could in essence, let the horses
831
00:47:03.159 --> 00:47:05.320
out of the barn for a lot of other people.
832
00:47:05.639 --> 00:47:08.320
Right, Well, that's where they look at it, and and
833
00:47:08.480 --> 00:47:11.039
that's why they just was, you know, spent untold amounts
834
00:47:11.039 --> 00:47:13.960
of money to stop it. Now at the trial, we
835
00:47:14.079 --> 00:47:17.519
act we actually asked for twenty five million, and five
836
00:47:17.599 --> 00:47:20.880
of the six jurors on our six panel, six member
837
00:47:20.960 --> 00:47:23.280
jury was going to give it to us. And we
838
00:47:23.320 --> 00:47:26.559
had there was one juror that we did not particularly
839
00:47:26.639 --> 00:47:29.519
like that we were stuck with. We couldn't get them
840
00:47:29.559 --> 00:47:32.320
bounced out for cause, and he was on the panel
841
00:47:32.320 --> 00:47:34.639
and didn't want to be there. So we had this
842
00:47:34.679 --> 00:47:37.280
holdout jury. The jury's out for two days and they
843
00:47:37.360 --> 00:47:41.719
compromised and but you know, dup On interviewed the jury
844
00:47:42.320 --> 00:47:45.360
and and five of the six were going to do
845
00:47:45.400 --> 00:47:47.719
the twenty five million, which would have been huge at
846
00:47:47.719 --> 00:47:49.679
the time. This is back in the nineties. That would
847
00:47:49.679 --> 00:47:52.880
have that would have been a huge verk. But the
848
00:47:52.960 --> 00:47:56.519
good thing about seven million, it was enough for the
849
00:47:56.559 --> 00:47:59.320
family to get what they needed for their son, and
850
00:47:59.360 --> 00:48:02.679
that was the most born thing. And uh, you know,
851
00:48:02.760 --> 00:48:04.880
we're very pleased about that. The hardest part of the
852
00:48:04.920 --> 00:48:08.559
case with the liability was because of the science cans
853
00:48:08.559 --> 00:48:10.719
have never been a verdict against the Camal company for
854
00:48:10.800 --> 00:48:15.039
a birth defect before, and you know, it was.
855
00:48:15.800 --> 00:48:18.199
Monument as we as we run out of time here,
856
00:48:18.199 --> 00:48:20.559
I wanted to talk just briefly about the idea of
857
00:48:20.599 --> 00:48:24.159
there being a movie. So, so, what what do you
858
00:48:24.159 --> 00:48:27.480
think here about James Kahn playing you. I'm looking at
859
00:48:27.480 --> 00:48:30.119
your picture and I got a picture of James conn
860
00:48:30.159 --> 00:48:32.840
and I'm like, James Kahn is Jim.
861
00:48:34.480 --> 00:48:36.360
That could be a good fit. And I mean, it's
862
00:48:36.360 --> 00:48:38.079
definitely going to be a movie. I mean, we already
863
00:48:38.320 --> 00:48:40.960
pretty much know that. There's so much interest in it.
864
00:48:40.960 --> 00:48:44.039
It's going to be like, uh, a civil action or
865
00:48:44.079 --> 00:48:47.440
Aaron Brockovich on steroids. It's it's it's a it's a
866
00:48:47.920 --> 00:48:50.960
it's a it's Those are very interesting stories, don't don't
867
00:48:51.000 --> 00:48:53.719
get me wrong, But this is much more interesting when
868
00:48:53.760 --> 00:48:56.320
you get into the what happened in this case and
869
00:48:56.400 --> 00:48:59.199
what's in the book. I mean, people, most people can't
870
00:48:59.199 --> 00:49:01.679
put the book now. Bit it has been getting great reviews.
871
00:49:01.719 --> 00:49:03.559
It's on the best by the way, made the best
872
00:49:03.559 --> 00:49:07.199
seller list this week USA today and it jumped up
873
00:49:07.199 --> 00:49:10.280
and they put they listened on and fifty online in
874
00:49:10.400 --> 00:49:13.239
fifty in the
newspaper. It jumped in at forty five
875
00:49:13.360 --> 00:49:13.920
this week.
876
00:49:14.519 --> 00:49:16.639
And you know how I heard about this. I actually
877
00:49:16.639 --> 00:49:21.280
heard like a radio interview for radio ad a radio
878
00:49:21.320 --> 00:49:24.480
advertisement about the book. And I thought, wow, I've never
879
00:49:24.599 --> 00:49:26.719
really heard about this book. Why why isn't this book
880
00:49:26.719 --> 00:49:29.920
any more traction? And then I said to my producer,
881
00:49:29.960 --> 00:49:32.400
I said, let's get a book. Let's let's book this.
882
00:49:32.400 --> 00:49:35.559
This sounds really fascinating and uh, and we booked it.
883
00:49:35.639 --> 00:49:38.320
But I mean, have you been doing like TV, the
884
00:49:38.400 --> 00:49:41.480
TV circuit or any of those big shows we've got.
885
00:49:41.519 --> 00:49:45.159
Yeah, we've got all these requests and the you know,
886
00:49:45.199 --> 00:49:46.840
so we're gonna start We're starting to do that now.
887
00:49:46.880 --> 00:49:49.239
So let's go to LA for a couple and you know,
888
00:49:49.280 --> 00:49:52.559
we've got we've got a whole slew of things lined up.
889
00:49:52.880 --> 00:49:55.039
And that was before it hit the best seller list.
890
00:49:55.079 --> 00:49:57.559
It just hit this. It just hit let's this this
891
00:49:57.599 --> 00:50:01.400
past Wednesday on USA Today. So we're really pleased by
892
00:50:01.440 --> 00:50:04.239
that because it jumped right in a forty five and
893
00:50:04.800 --> 00:50:06.199
the reviews are all great.
894
00:50:06.599 --> 00:50:09.599
And and I should mention too, your your your co
895
00:50:09.679 --> 00:50:12.559
author that you work with, Laura Morton. She's a New
896
00:50:12.639 --> 00:50:16.960
York Times best selling author herself. Isn't that right? And
897
00:50:17.320 --> 00:50:19.559
the book is so well written. It's it's sort of
898
00:50:20.079 --> 00:50:23.880
it's it's it's like your life story mixed in with
899
00:50:23.960 --> 00:50:27.199
the story of this case, and it really, it really
900
00:50:27.199 --> 00:50:31.360
brings you into the moment, page by page. So I
901
00:50:31.400 --> 00:50:34.000
want to say I wanted to say it reads like
902
00:50:34.079 --> 00:50:36.440
a novel, but I don't want to take away from
903
00:50:36.480 --> 00:50:39.239
the fact that it's all based on what really happened.
904
00:50:39.280 --> 00:50:42.400
When I say it reads like a novel, it's descriptive
905
00:50:42.519 --> 00:50:45.800
and interesting to read. Unlike a lot of say books
906
00:50:45.840 --> 00:50:48.480
that are just factual. This is a book that's it's
907
00:50:48.519 --> 00:50:50.480
a it's a story that comes to life, I guess
908
00:50:50.519 --> 00:50:52.199
would be the best way to say it.
909
00:50:52.280 --> 00:50:54.599
Yeah, it's true. I mean, it's the I mean the
910
00:50:54.760 --> 00:50:58.079
I mean, I just get comments every day, all positive.
911
00:50:58.119 --> 00:51:00.360
I can't put the book down. I mean, this is
912
00:51:00.360 --> 00:51:03.119
an amazing story you've got. And by the way, what
913
00:51:03.159 --> 00:51:08.079
you're saying, probably over seventy five percent of the comments
914
00:51:08.159 --> 00:51:10.039
or this needs to be a movie. That's what we
915
00:51:10.119 --> 00:51:11.320
hear all the time.
916
00:51:11.599 --> 00:51:13.639
You know, and there's so much that can come from
917
00:51:13.639 --> 00:51:16.920
that movie. But I think not the least of which
918
00:51:17.360 --> 00:51:20.239
would be all of these chemicals that we now accept
919
00:51:20.320 --> 00:51:23.000
into agriculture today that it's like, well, this is just
920
00:51:23.039 --> 00:51:25.400
part of farming because we only have so many, you know,
921
00:51:25.440 --> 00:51:27.239
square feet of dirt and we've got to produce so
922
00:51:27.320 --> 00:51:30.039
much crop, and they're putting all this stuff in our
923
00:51:30.119 --> 00:51:32.639
food and we're eating this. Not to mention, you know,
924
00:51:32.719 --> 00:51:35.880
people walking by being sprayed and then their child is
925
00:51:35.880 --> 00:51:40.280
born without eyes. Incredible, incredible book, and I'm so glad
926
00:51:40.320 --> 00:51:42.559
we got to have you with us. Jim Ferraro is
927
00:51:42.920 --> 00:51:46.880
our guests. The book is Blindsided. Grab it Blindsided over
928
00:51:46.920 --> 00:51:50.039
at Amazon. It's on the bestseller list. If it's Sunday night,
929
00:51:50.559 --> 00:51:57.840
it's Jim Parris Live. We'll talk to you next week. Hi,
930
00:51:57.920 --> 00:52:01.199
this is radio talk show host Jim Paris. And if
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956
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travel the length of two football fields.
961
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So please give them room.
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Never cut in front of a large truck for any reason.
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Our roads are responsibility.
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Learn more at Share the Roadsafely dot gov.