Foam Cos. Offer $30M Over Nightclub Fire

(AP)  Several foam manufacturers have agreed to pay $30 million to settle lawsuits brought by survivors and family members of those who died in a 2003 nightclub fire that killed 100 people, according to court papers filed Monday.

More than $100 million has now been offered through settlements to victims of the Feb. 20, 2003, fire at the Station nightclub in West Warwick from several companies, including Home Depot, Clear Channel Broadcasting and fireworks makers. The settlements must still be approved by the hundreds who have sued as well as the federal judge overseeing the case.

Investigators blame flammable, polyurethane egg-crate style foam on the walls and ceiling of the club for fueling the blaze. The fire began when a pyrotechnics display for the rock band Great White ignited foam placed around the stage for soundproofing.

The foam companies that agreed to settle the lawsuits include Carthage, Mo.-based Leggett & Platt Inc., Baltimore-based Wm. T. Burnett & Co., and several others.

It's still not clear which companies made the foam that was in the club. The foam was sold to club owners Jeffrey and Michael Derderian by Johnston-based American Foam Corp. American Foam bought their foam from a handful of manufacturers. Tests were ongoing to help pinpoint the manufacturers.

Lawyers for the victims and the companies did not immediately return calls seeking comment.

The Derderians installed the foam after neighbors complained repeatedly about noise from the rock bands who performed at the roadside club. The Derderians have said they did not know it was flammable, and the town fire inspector never cited the club for the foam during repeated inspections of the building.

The fire was the fourth-deadliest nightclub blaze in U.S. history. Besides the 100 people killed, more than 200 others were injured.

A Duke University law professor has been appointed to meet with survivors and victims' relatives to calculate a formula for how much money each person would receive under the settlements, based on the injuries they suffered.

Former Great White tour manager Daniel Biechele, who lit the pyrotechnics, served 22 months in prison after pleading guilty to 100 counts of involuntary manslaughter. He was released in March. The Derderians pleaded no contest to the same charges, and Michael Derderian is currently serving a four-year sentence while his brother was spared jail time.

[gmond]

Maybe they will sue me next since I think I once owned a Great White album.

[frantresa]

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[taylor2124]

Sorry to disagree with all you in "the world owes me a living and a big pile of money and a risk-free life" crowd, BUT the foam company should not have paid a cent. This is absurd. The FOAM company did NOT start the fire. They just make foam. What a stupid thing to somehow connect THEM to this lawsuit. You may as well sue the construction company for building the stupid club. Heck, if they had never made the building, all these people would be alive, right? See how this type of nonsense can just go on forever?

[taylor2124]

Sorry to disagree with all you in "the world owes me a living and a big pile of money and a risk-free life" crowd, BUT the foam company should not have paid a cent. This is absurd. The FOAM company did NOT start the fire. They just make foam. What a stupid thing to somehow connect THEM to this lawsuit. You may as well sue the construction company for building the stupid club. Heck, if they had never made the building, all these people would be alive, right? See how this nonsense can just on forever?

[bobnjersey]

this was cleary a horrific and terrifying way to die.

of all the parties responsible for this tragedy ... the manufacturers of the foam seem to be four degrees of seperation away (at least)

here''s the real hierarchy:

- owners of bar (they installed the foam and locked the emergency exits; claiming they didn''t know it was flamable is a four year old''s excuse)

- pyrotechnic technician(s) (they should have excercised better judgement; did they even have a fire extinguisher with them?)

- band manager (he should have supervised pyrotechnic tech and decsion to use)

- band members (they should have said something if the first three on the list dropped the ball)

- the local fire department (they should have prevented the bar''s operation w/ the foam, low ceiling, locked doors, lack of fire suppression, dark setting)

- the insurance company providing liability coverage for the operation of the bar (if they even had this)

- home depot (apparently where the foam was purchased but now we''re into the absurdity of the liability)

- foam manufacturers (they have no control over how the product was used or abused)

this is like suing the makers of the sulphur on the tips of the matches that were used to light the cigarettes of a chronic smoker who developed lung cancer and died. and it wouldn''t surprise me if this has already happened.

[dakotaclark]

All of us need to remember that ONE HUNDRED people died an agonizing death, by flames, smoke and toxic invisible products of combustion, and by being crushed at the exits.

All of us need to remember that ONE HUNDRED people were not asleep in a bed. They knew what was happening, as they struggled to get out, struggled to breathe, struggled to somehow survive the flashover inside that nightclub.

All of us need to remember that due to immense stupidity on the part of the night club owners, the band manager, the band members, the foam product manufacturers, and, the local authorities, including the fire department, ONE HUNDRED people died.

No matter the dollar amount, it is not sufficient to resolve the pain, suffering, and agony experienced by those who died and those with injuries who survived.