New Sago Suit Cites S. African Oxygen Bottle Maker

By Ken Ward Jr. kward@wvgazette.com A South African company that made oxygen bottles for widely used mine emergency breathing devices may carry some of the blame for the Sago Mine disaster, an updated lawsuit filed by the family of a Sago victim alleges. On Thursday, lawyers for Lynda H. Anderson sought to add African Oxygen Limited, known as Afrox, to the suit pending in Kanawha Circuit Court. Anderson is the widow of Thomas P. Anderson, one of the 12 miners who died after the Jan. 2, 2006, at the International Coal Group mine in Upshur County. The amended complaint alleges that Afrox made parts for the self-contained self-rescuers, or SCSRs, that were supposed to provide the Sago miners with enough oxygen to safely escape the underground mine. Parts supplied by Afrox were unreasonably dangerous and unfit for their intended uses, the amended complaint alleges. The Anderson complaint is one of the separate suits, since consolidated, which have been filed on behalf of Sago survivor Randal McCloy Jr. and the estates of 11 of the 12 miners who died. Section foreman Martin Toler Jr. is the only victim for whom a suit has not been filed. Kanawha Circuit Judge Charles King last month threw out three related cases filed by Sago victim family members who are not estate representatives. He ruled that those family members could not sue solely for emotional distress they experienced as a result of the disaster and incorrect reports that all of the miners had survived. In a separate ruling, King also refused to dismiss claims against Wilbur Ross, the New York billionaire who founded ICG and controlled the Sago Mine since at least 2001. At about 6:30 a.m. on Jan. 2, 2006, an explosion ripped through the Sago Mine south of Buckhannon. One miner, fireboss Terry Helms died soon after the blast from carbon monoxide poisoning. Surrounded by smoke and toxic fumes, 12 other miners took shelter behind a makeshift barricade. Eleven of them died before rescuers reached them 41 hours later. Only McCloy survived. It was the worst coal-mining disaster in West Virginia in nearly 40 years. Families of the Sago miners had already included SCSR-maker CSE Corp. as a defendant in the civil suits that target ICG and various mine contractors and vendors. They allege that some or all of these SCSRs failed to function properly after the explosion. As a result, they allege, the miners realized that it would be impossible for all of them to escape through the smoke, dust and bad air. Rather than leave some of their fellow workers behind due to the fact that they did not all have functioning SCSRs, the miners retreated together to an area at the face of the 2 Left section, the suit says. The lawsuit provided no complete details about the claims against Afrox. Anderson family lawyer Al Karlin said that Sago victim lawyers are investigating concerns about problems with oxygen bottles Afrox supplies to CSE. The CSE SR-100 unit was provided to Sago miners and is by far the most widely used SCSR in the U.S. coal industry. The SR-100 uses a chemical reaction to produce a one-hour oxygen supply meant to help miners escape after a fire or explosion. The units contain a small oxygen supply meant to kick-start them and inflate their breathing bags. Months after the explosion, McCloy told investigators that SCSRs of four of the 12 trapped miners would not start. McCloy described how he tried especially hard to start the rescuer that belonged to his mining partner, Jerry Groves. I fought with it for I dont know how long, trying to mess with that valve, blow air through it, or anything I could do, but nothing would work, McCloy told state and federal officials. Over the years, miners have repeatedly complained about SCSRs not starting or appearing to start slowly. Government and industry officials have generally dismissed those complaints. They said miners were not properly trained and did not understand how the SCSRs worked. Afrox not only supplies parts for CSEs SR-100 model rescuer, but also markets the SR-100 for CSE in South Africa, according to the companys Web site. Afrox also makes its own model SCSRs and is the dominant supplier of such units for the South African mining industry. To contact staff writer Ken Ward Jr., use e-mail or call 348-1702.

African Oxygen Limited On Thursday, lawyers for Lynda H. Anderson sought to add African Oxygen Limited, known as Afrox, to the suit pending in Kanawha Circuit Court. Anderson is the widow of Thomas P. Anderson, one of the 12 miners who died after the Jan. 2, 2006, at the International Coal Group mine in Upshur County.

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