ALBANY, Ga. (WALB) - An Albany family has filed a legal complaint against a former Albany pharmaceutical plant, alleging it is responsible for brain cancer in two children.

Merck Flint River Plant manufactured drugs such as Zocor and Prilosec before the plant was closed in 2007 and later demolished in 2011.

The 31-page complaint tells the story of a mother, Colleen Sullivan, who worked at Merck’s Flint River Plant for 12 years. During that time, she became pregnant with her older daughter, Saville, in 1997 and her younger daughter, Lilia, in 1999.

But 16 years later, both were diagnosed with two different types of pediatric brain cancer within 3 weeks of each other.

Saville was 19, attending the University of Alabama, when she went to the doctor complaining of headaches. After a scan, it was discovered that she had stage 4 brain cancer. After a year-long battle, she went into remission, returning to school and receiving her degree. Later, she met her husband, Chandler, who she married in November 2022.

In January 2023, her brain cancer returned. By August 2023, the cancer had metastasized throughout her body. This led to her death on Oct. 10, 2023, leaving behind her husband and family.

Beasley Allen Law Firm and Malone Law in Albany are representing the estate of Saville Sullivan.

Matt Griffin, Principal at Beasley Allen Law, said, “They just want what is right. And part of what is right is fixing the wrong that we allege Merck created. Colleen had no idea when she was working there and when she was pregnant and gave birth to her two beautiful daughters. That she had no idea she was being exposed and exposing her two children just by going into work every day.”

The complaint alleges that “There, Merck used and released within the Flint River Plant and the surrounding environment a toxic soup of chemicals and substances known to be dangerous and carcinogenic to humans, especially pregnant women and their unborn children.”

The complaint further describes, “neither Coleen, Saville, Lilia, nor Chandler had the requisite experience and/or a background in toxic exposure related to brain cancer, or the chemical components existing at the Merck plant.”

“When employers allow workers to be exposed to these chemicals. It is dangerous not only to the workers themselves, but these chemicals are especially dangerous to their pregnant employees,” Griffin said. “Not just those employees, but also dangerous to their unborn children.”

In a year-long investigation, Beasley Allen Law Firm identified “The Flint River Plant utilized, produced, emitted, and/or used in its manufacturing process numerous hazardous chemicals and substances that carried carcinogenic and/or harmful risks.”

Listing eight of those found in this complaint.

Parker Miller, Principal at Beasley Allen Law Firm, said, “There is no telling what else we are going to find. There is always something else. And there is also going to be a question of what happens when these types of chemicals percolate throughout a workplace.”

With current knowledge of Merk’s alleged acts, the complaint lists seven counts for the company to respond to.

• Count one is for negligence.
• Count two is for premises liability.
• Count three is for gross negligence/wantonness.
• Count four is for claims for the wrongful death of Saville Sullivan.
• Count five is for claims to the estate of Saville Sullivan.
• Count six is for the loss of consortium.
• Count seven is for punitive damages.

“This is a tremendous family, and they are handling this entire matter with such grace, and their priorities are in the right place for this case,” Miller said. “And I think at the end of the day we want that to be conveyed in this case.”

The family’s attorneys are currently waiting on Merck’s response to the complaint. In a statement given to WALB News 10, Saville’s family expressed their deep gratitude for the outpouring of love and support from the southwest Georgia community.

Tom Sullivan, Saville’s father, said, “The support of our community has never wavered during the most challenging times for our family, and for that, we will always be profoundly grateful.”

And Saville’s husband, Chandler, said, “The love and compassion we’ve received from our community after the loss of my beloved wife has been tremendous, and we are profoundly touched and comforted by your kindness.”

WALB tried reaching out to Merck several times starting on Friday, Oct. 17, but we still have not received a response.

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