Made ill by colleague’s perfume; jury votes $10.6 million

After eight days of deliberation, an all-female federal jury in Detroit has voted $10.6 million, including $7 million in punitive damages, $2 million for mental anguish and emotional distress and $1.6 million in compensatory damages, to former radio host Erin Weber, who said she was made ill by a co-worker’s perfume and later fired after […]

After eight days of deliberation, an all-female federal jury in Detroit has voted $10.6 million, including $7 million in punitive damages, $2 million for mental anguish and emotional distress and $1.6 million in compensatory damages, to former radio host Erin Weber, who said she was made ill by a co-worker’s perfume and later fired after WYCD-FM’s owner, Infinity Broadcasting, failed to resolve her complaints. Weber said that exposure to colleagues’ use of nail polish remover triggered sensitivity to the emanations of a co-worker wearing Tresor, a popular scent which Lancome describes as “romantic, sensual, emotional” and as based on such ingredients as rose and lilac. “Weber claimed exposure to Tresor caused her to lose her voice and take lengthy absences from work. She also said she once ‘felt an electric shock quell through my entire body’ and required heavy medication to combat the effects,” according to the Detroit News. In addition, Weber claimed, the co-worker, who is also a radio host, continued exposing her to the perfume despite her complaints and even walked by her on purpose. Infinity lawyer Daniel Tukel said the company had ordered the co-worker to stop wearing perfume and disputed Weber’s claim that it had “blacklisted” her from radio employment. The company says it will appeal, and a reduction in the award is likely, since federal law “generally caps punitive damages at $300,000 for the claims that Weber brought.” (David Shepardson, “Radio DJ wins $10.6 million in stink over perfume”, Detroit News, May 24; Kim North Shine, “DJ takes in sweet smell of victory”, Detroit Free Press, May 24). For some earlier posts involving claims of unusual sensitivity to widely encountered chemicals, see May 6, 2002, Apr. 25, 2001, and Jul. 3-4, 2000. For complaints about perfume, see May 17-19, 2002 and Apr. 24, 2000 (& welcome James Taranto readers). Update Jul. 6, 2007: federal judge after trial reduced Weber’s award to $814,000.

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