The state’s second highest court ruled Wednesday that North Carolina State University must allow independent investigators in Poe Hall to test the building.
The decision is a victory for hundreds of former workers and students who spent time in Poe Hall and told 5 On Your Side exclusively that they later developed cancer.
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N.C. State closed the building last fall, after a group of faculty battling cancer – suspecting environmental contaminants may have contributed to their illnesses – asked the university to test the building for toxins. Testing revealed high levels of polychlorinated biphenyls, known as PCBs.
PCBs were commonly used in construction in the mid- to early-1970s – around the time that Poe Hall was built – but they are now known to cause cancer.
For months, former workers and students have fought for more transparency from N.C. State, demanding details about their exposure to PCBs. Records exclusively obtained by 5 On Your Side show the university failed to respond to questions from the Environmental Protection Agency (EPA) regarding the state of building for weeks.
When asked why the university wouldn’t allow other agencies in the building, Chancellor Randy Woodson told WRAL "we own the building."
In December, N.C. State hired a consulting firm to conduct more thorough testing of the building. But workers and students, jaded by what they characterized as a slow response by the university, felt the results could not be trusted.
This spring, Darren Masier, a former graduate student battling leukemia, decided to fight back by petitioning Wake Superior Court to force N.C. State to open its doors to allow independent testers to sample the building extensively for toxic chemicals.
In May, a judge ruled in Masier’s favor, but N.C. State quickly appealed the decision. In June, the appeals court agreed with Judge Hoyt Tessener and ordered N.C. State to open its doors to Masier’s team.
"It’s really good news," said Maiser on Wednesday. "Today’s a great day," he said.
Independent testing of the building, led by Masier and his advocates, could pave the way for lawsuits against the university in the future.
"It’s huge just to get the answers," Maiser said. "I hope there’s nothing. If there is nothing, then OK. These statistically significant numbers for whatever reason are attributable to something else."
N.C. State's latest round of testing showed 17 air samples with PCB concentrations below the EPA recommended exposure levels. Independent professionals told WRAL some 1,000 samples would be needed to adequately understand where chemicals were coming form and how people were being exposed.
This ruling will allow that kind of thorough testing to move forward.
The decision comes on the heels of newly-released test results from the consulting firm hired by the university. Several experts in the field of environmental contaminants felt the testing was not thorough enough.
Breast cancer patients, like Sandy Alford, make up the majority of the cases. WRAL spoke to Alford and other women with cancer who spent time in Poe Hall back in February. The rate of breast cancer diagnosis in Poe Hall was three times higher than the rate of diagnosis in Wake County.
Alford said to be able to compare N.C. State’s tests with their own has lifted a weight off her shoulders.
"Could it save my life? I don’t know," Alford said. "But it could make my life better for the next seven years. If it could, I’d be so grateful."
WRAL News reached out to N.C. State for comment on the ruling. The university said it's aware of the decision and is reviewing it. The university can appeal this decision to the state Supreme Court.