A lawsuit filed in Niagara County Supreme Court has drawn attention to one of the most dangerous chemicals handled anywhere in Western New York. A former employee of VanDeMark Chemical Inc. in Lockport alleges he was exposed to liquid phosgene on the job and nearly died as a result. The case raises questions that matter to every worker who handles hazardous substances in this region.
What Happened at the Lockport Plant
According to reporting from WIVB News 4, Thomas Spina was exposed to liquid phosgene on May 13, 2025, while working at the VanDeMark facility on Mill Street. His lawsuit alleges that company leadership failed to follow phosgene exposure protocols and downplayed how serious the incident was. More than 30 hours passed before he received life-saving treatment at Mercy Hospital of Buffalo, and he suffered cardiac arrest and a traumatic brain injury during the ambulance transfer.
Doctors believe he was the first person in the United States successfully treated with ECMO, a form of artificial life support, after a significant phosgene exposure.
The full report is available from WIVB News 4, which also noted that OSHA had previously fined the company for safety violations.
Why Phosgene Exposure Is So Dangerous
Phosgene is an industrial chemical used to manufacture plastics, pesticides, and pharmaceuticals. It was also used as a weapon during World War I. In liquid form, it converts rapidly to a gas that stays close to the ground and spreads quickly.
The most troubling feature of phosgene is the delay. A worker may feel relatively fine after exposure, then deteriorate hours later. According to the CDC chemical fact sheet, symptoms can take up to 48 hours to appear and may include:
- Chest tightness, coughing, and choking
- Burning in the nose, throat, lungs, and eyes
- Fluid in the lungs, known as pulmonary edema
- Low blood pressure, respiratory failure, and heart failure
This delayed onset is exactly why medical monitoring after any suspected exposure matters so much. Waiting to see how you feel can be a fatal mistake.
Workers’ Compensation After a Chemical Exposure
Chemical exposure injuries fall squarely within New York’s workers’ compensation system, which covers medical treatment and lost wages regardless of fault. But these claims carry their own challenges. Employers or carriers sometimes dispute how the exposure occurred, whether protective equipment was used, or whether long-term respiratory problems are actually connected to the incident.
Timing matters as well. Under Workers’ Compensation Law § 18, an injured employee generally must give written notice to the employer within 30 days of the accident. Because chemical exposure symptoms can surface late, documenting the incident immediately, even before symptoms fully develop, protects both your health and your claim.
A Lockport workers’ compensation lawyer can also evaluate whether claims beyond the compensation system exist. Workers’ compensation is normally the exclusive remedy against an employer, but third parties, such as equipment manufacturers or outside contractors, may bear separate liability in some exposure cases.
Talking to an Attorney About an Exposure Injury
Hurwitz, Whitcher & Molloy has represented injured workers across Western New York for decades, and the firm limits its practice to representing claimants, never insurance carriers. That focus shapes how exposure cases get handled, from securing authorization for pulmonary care physicians to contesting disputed causation findings.
If you or a family member suffered a chemical exposure at work in Niagara County, speak with a Lockport, NY workers’ comp lawyer residents rely on before the notice period runs. Bring whatever you have: incident reports, medical records, witness names. A workers’ compensation attorney in Lockport can review the facts, preserve your filing deadlines, and pursue the full benefits the law provides.