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East Chicago, IN Kids’ Lead Claims Near Former Refinery Move On
East Chicago, IN – Children who lived or attended school near the former U.S. Smelting and Lead Refinery in East Chicago will be allowed to continue pursuing claims tied to alleged lead and arsenic ex
By Evan Cross · 2026-09-29T05:28:13.281Z
East Chicago, IN – Children who lived or attended school near the former U.S. Smelting and Lead Refinery in East Chicago will be allowed to continue pursuing claims tied to alleged lead and arsenic exposure after a federal judge rejected efforts to end part of the case.
According to Napoli Shkolnik, the law firm representing the children, U.S. District Judge Philip P. Simon denied motions from DuPont, Chemours and Hammond Group defendants seeking judgment against four young plaintiffs in the federal lawsuit.
The case was originally brought on behalf of 11 minors who lived near the former refinery or attended school in the surrounding East Chicago community. Plaintiffs allege industrial operations in the area contributed to contamination involving lead and other hazardous substances.
The dispute has particular significance for families connected to the former Carrie Gosch Elementary School and the West Calumet Housing Complex .
The U.S. Environmental Protection Agency previously identified dangerous levels of lead and arsenic in soil in the area, according to the plaintiffs’ release. Carrie Gosch Elementary and the West Calumet Housing Complex were later closed.
Defense attorneys had sought judgment against four children based partly on wording in a class certification filing stating they had “no injuries confirmed yet.” However, the same discussion referenced measurable lead in their bones, according to the release.
Simon ruled that the wording was not a sufficiently clear judicial admission to dismiss their claims at this stage.
The decision allows the four children’s remaining negligence and negligent infliction of emotional distress claims to continue while evidence is gathered.
The ruling does not determine whether the companies are liable, whether the children ultimately can prove their alleged injuries or whether the lawsuit will receive class action status.
Discovery remains ongoing in the Northern District of Indiana.