Some in Del. family in 'rough shape' from pesticide

 More than two weeks after a Wilmington family was sickened after being exposed to a toxic and banned pesticide at a vacation condo in the U.S. Virgin Islands, the father and two teenage sons remain hospitalized.

Stephen Esmond, an administrator at the Tatnall School in Wilmington, is conscious but unable to move, and his sons are still in comas, his lawyer has told CNN. In a subsequent news release, the lawyer said Esmond was "improving and stable" and the boys remained in critical condition.

Esmond's wife and the boys' mother, Theresa Devine, a dentist, has been discharged "and is doing well," he said.

"The boys are in rough shape," family spokesman James J. Maron told CNN, adding that "the family are all fighters. They're fighting for everything right now. I understand it's a long recovery."

Maron said that the family is "confident in their medical professionals and are hopeful for a full recovery."

Maron is a lawyer with the Wilmington firm Maron Marvel Bradley & Anderson L.L.C. One of its practice areas includes representing clients alleging harm by chemical exposure.

Maron called the incident an "unthinkable tragedy," noting that "many questions remain why an odorless pesticide of this level of toxicity could be manufactured, distributed, and applied in a residential area, resulting in this family's injuries."

Federal officials have launched a criminal investigation into the incident, in which a condominium unit directly below the one the Esmond family was staying in on the island of St. John was sprayed with methyl bromide, a highly toxic pesticide that can cause convulsions, coma, and cognitive deficits.

It was banned for use indoors in residential settings in 1984, but some agricultural uses are permitted. Advocates for a ban on the chemical have criticized such exceptions. Jennifer Sass, senior scientist and toxicology expert at the Natural Resources Defense Council, a national nonprofit advocacy group, said that by continuing to allow even restricted uses in the United States, "you're also allowing people to buy it, sell it, and possess it."

The spraying was March 18, officials have said. Paramedics were summoned to the condo on March 20. So, for portions of two days, the family was breathing the odorless, colorless gas - a neurotoxin - without knowing it.

The family later was airlifted to hospitals in the Philadelphia area.

The Justice Department began its investigation March 25, according to a notice filed with the U.S. Securities and Exchange Commission by ServiceMaster Global Holdings Inc., the parent company of Terminix, which sprayed the chemical.

The notice referred to the family's "serious injuries" and said the extent of potential fines, claims, or other actions, plus "reputational harm," was unknown.

A U.S. Environmental Protection Agency investigation also is continuing. On Tuesday, Judith A. Enck, the administrator for the regional office that includes the Virgin Islands, a U.S. territory, said that officials had confirmed that methyl bromide was the pesticide used and that it was the "likely cause" of the family's illness.

According to Maron, Esmond was unconscious and the other three family members were having seizures when paramedics arrived.

Enck said that her agency "is taking this case very seriously." EPA officials learned of the incident the same day and staff were on the scene within 24 hours, she said. Air samples and "wipe tests" confirmed the presence of the chemical.

"We're approaching this in two ways," Enck said. "EPA is doing a comprehensive investigation surrounding this particular incident. Second, EPA is looking at how we can ensure this never, ever happens again to anyone. So, we're looking at whether training is sufficient. We're looking at how something that was banned for indoor residential use in 1984 . . . how such a long period of time can go by and we still have a situation where a certified applicator uses this."

Enck also said that investigators from the Agency for Toxic Substances and Disease Registry, a public health agency of the U.S. Department of Health and Human Services, arrived Monday to assist in the investigation.

The day the Esmonds became ill, Enck was in the Virgin Islands to deliver a climate change speech, and she had planned to go to St. John on other business. So on Sunday, two days after the family fell ill, she met with EPA staff members there. On Monday, she visited the condo. She also briefed the governor of the Virgin Islands and met with its top environmental commissioner.

"This is a really important situation," she said. "We will hold the responsible parties fully accountable."

Charles A. Tierney 3d, head of the Tatnall School, issued a statement Monday: "All of us at the Tatnall School appreciate that so many people have expressed heartfelt support for our head of middle school Steve Esmond and his family. We share your love and concern for Steve, his wife, and their sons, who both attend our school. On campus, students have created cards, a banner, and works of art for the family. Students participating in the middle school's annual talent show also dedicated their performance to the Esmond family."

Terminix officials have not commented other than to release a statement: "First and foremost, the family is in our thoughts and prayers. We're cooperating with authorities in their investigation, and we're conducting our own thorough internal investigation. We're committed to performing all work we undertake in a way that is safe for our employees, customers, and the public."