Killer Climate Lawsuit on Shaky Ground

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From Science Matters

By Ron Clutz

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Washington Free Beacon reports on shaky case to make climate change a killer First-Of-Its-Kind Lawsuit Blaming Oil Companies for Woman’s Heat-Wave Death Failed to Mention Her Heart Disease. Excerpts in italics with my bolds and added images.

‘The diagnosis and likely treatment for it is highly relevant,’
doctor tells Free Beacon

A first-of-its-kind lawsuit accusing some of the nation’s largest oil companies of causing global warming and therefore causing a Washington woman’s 2021 heat-wave death left out one critical detail: she had been diagnosed with heart disease.

Juliana Leon’s death certificate, obtained by the Washington Free Beacon, shows she had been diagnosed with hypertensive cardiovascular disease, a condition that stems from unmanaged high blood pressure and increases the risks of heart failure and sudden cardiac death. The medical examiner for King County, Wash., determined that the condition contributed to her death, meaning it wasn’t the direct cause of death, but made her more vulnerable to it.

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The wrongful death lawsuit Leon’s daughter filed earlier this year against oil companies, however, failed to make a single mention of her underlying condition. It instead focused entirely on the direct cause of death: hyperthermia.

The revelation, which has not been reported until now, is relevant because it could explain why Leon succumbed to the high temperatures that hit the Pacific Northwest in June 2021, according to doctors interviewed by the Free Beacon. And it is important too because of the lawsuit’s potentially wide-reaching impact. If successful, the lawsuit could lead to dozens of similar wrongful death suits and even future criminal homicide prosecutions against the oil industry.

The lawsuit—the first instance of a case attempting to put oil companies on the hook for heat-related wrongful death—is part of a coordinated effort nationwide to use the courts to cripple the oil industry and usher in a green energy transition. Activists say such litigation will hold the industry accountable, while critics say it is designed to bankrupt the industry, something that would have devastating economic impacts.

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“The main reasons for hyperthermia under these conditions include medications or skin conditions impairing the ability to sweat. People with hypertensive cardiovascular disease are likely to be taking such medicines,” said Jane Orient, the executive director of the Association of American Physicians and Surgeons and a clinical lecturer at the University of Arizona College of Medicine.

“I think the diagnosis and likely treatment for it are highly relevant,” she continued. “A body temperature as high as 110 is extremely unlikely without impairment in the body’s temperature-regulating mechanism, at least under the circumstances here. Most people will have dehydration, but not heat stroke, during a heat wave. This lady likely had both.”

Jeffrey Singer, a senior fellow at the Cato Institute and the founder of a private surgical practice in Arizona, agreed that the diagnosis could be relevant.  Singer told the Free Beacon:

“Having hypertension and its cardiovascular stigmata, depending on severity, might affect a person’s risk of succumbing to hyperthermia. But it’s the hyperthermia that kills,”

Lawyers representing Leon’s estate and daughter did not respond to requests for comment.

Leon died on June 28, 2021, during an extreme heat wave, which ultimately claimed the lives of 100 people in Washingtonstate data show. According to the wrongful death lawsuit, Leon died in her car after the vehicle’s air conditioning system broke and as outside temperature exceeded 105 degrees Fahrenheit. Her internal temperature rose to 110 degrees Fahrenheit right before she died.

Two weeks earlier, Leon had undergone bariatric surgery, a weight-loss surgery that helps reduce the risk of heart disease and high blood pressure. As a result, she had been on a liquid diet in the two weeks leading up to her death. In fact, Leon died in her car on her drive home from the doctor’s office where she was informed that morning that she may begin to eat soft foods again.

Still, the lawsuit blames seven oil companies for her death, arguing that they knew their products caused global warming decades ago, but continued selling them anyway. The lawsuit states that the 2021 heat wave in the Pacific Northwest wouldn’t have occurred without human-caused global warming.

study published in the American Meteorological Society’s journal Weather and Forecasting last year found that there is “little evidence” greenhouse gases amplified the heat wave and emphasized that weather forecasts for the event were “highly accurate.” “Global warming may have made a small contribution, but an extreme heat wave, driven by natural variability, would have occurred in any case,” it concluded.  Singer told the Free Beacon:

“You don’t need climate change to have a heat wave. Humans have been experiencing heat spells since the beginning of recorded history,”

The Free Beacon reported last week that an environmental group funded by the powerful Rockefeller Family Fund is quietly steering the wrongful death suit. According to legal filings, Leon’s daughter quietly appointed a climate activist to serve as the agent for her deceased mother’s estate. Those documents were authored by lawyers at the Rockefeller-backed Center for Climate Integrity, a nonprofit leading the coordinated, nationwide plan to “drive divestment” from and “delegitimize” the oil industry through litigation.

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