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--On 31 July 2009 11:40 +0100 Chris Swainston 
<[log in to unmask]> wrote:
"What these poor children have "won" is that this key
> argument and potential linkage has been established and proved in this
> case to the satisfaction of the court so that the majority of the
> plaintifs are free to persue their claim further."
>

>
> Chris

Chris, while I certainly don't wish to take away from what the families are 
hoping for, I'm finding it hard to be convinced that any linkage between 
the limb deformities and the activities taking place at the BSC sites in 
Corby has been "proved". What I see the judgement has shown is that the 
contractors and the council neglected their care of duty and made a right 
mess, and that the solicitors acting on behalf of the council did their 
best to produce witness statements to the contrary.

What the figures (the stats on limb deformities in Corby compared with the 
rest of the KHA) have "proved" is that the number of deformities during the 
timeframe in question could have been purely down to chance. There's no 
consideration given to other potential causes of limb defects - high birth 
order, threatened abortion, low placental weight, low birth weight, 
previous malformations in the family, influenza during early pregnancy, 
other infectious diseases, and mother's alcohol consumption during 
pregnancy (Aro et al, Department of Pathology, University of Helsinki, 
Haartmaninkatu 3, SF-00290 Helsinki 29, Finland), Haapakoski J and Heinonen 
0 P. International Journal of Epidemiology 1984, 13: 459?464), early term 
amniocentesis and CVS procedures, pre-pregnancy obesity and so on.

Compare the cases per 10,000 in Corby with the UK national average of 
roughly 5, and it seems that with the exception of one selected small 
timeframe, the rate in Corby is not significantly different from this. 
What's the overall health of the population of Corby like? There is a 21% 
higher than average obesity risk in Corby (second highest in whole of the 
UK - second only to Easington, another steel town, at 22% - ref 
<http://news.bbc.co.uk/1/hi/health/5299510.stm> ). Could the risk of 
obesity be the result of the remediation works? Most likely not, but I 
suspect stats could show a similar weak correlation between the presence of 
the works and the reported obesity figures. But again it wouldn't prove a 
link. How about a link between pre-pregnancy obesity and birth defects? 
Such a link was established in a 2007 study (ref 
<http://www.medicinenet.com/script/main/art.asp?articlekey=83063> ) where 
it was established that major birth defects were over 30 percent more 
prevalent in babies born to obese mothers.

More information is needed about the mothers and their pregnancies if a 
link between the LRDs and the remediation works is to be proven. As it 
stands, there are potentially other factors that could be the main 
contributors to the number of LRDs, including, of course, pure chance. And 
this is something that Corby DC could easily use to defend itself, and I'm 
surprised this isn't discussed, as far as could see, in the judgement. Only 
in one paragraph (759) is weight discussed, and that refers to how the 
variability in susceptibility to teragenesis by a particular chemical can 
be partly accounted for by maternal weight and foetal weight amonsgt many 
other potentially important factors related to health. And with Corby being 
the UKs number 2 ranked obesity blackspot, why is there no mention of this?

Pete Millis
Centre for Environmental Research
School of Life Sciences
University of Sussex
Falmer
Brighton BN1 9QJ

And

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