Thousands Sue DuPont for Injury from Chemical in Water

- Joseph Condeni

More than 3,000 plaintiffs in Ohio sued DuPont for illnesses linked to C-8, a chemical used in Teflon, a popular DuPont product. Many of the cases are for personal injuries associated with high cholesterol and thyroid disease, some involved kidney cancer, and 37 claims were for wrongful death. The case is ongoing and trials started in September.

How C-8 Affected Ohio Residents

Carla Marie Bartlett is one of the Ohio plaintiffs who alleged that she suffered from kidney cancer after having been exposed to C-8 in drinking water. She claims that C-8, chemically known as ammonium perfluorooctanoate of PFOA, which was used in DuPont’s West Virginia plant found its way into the drinking water and streamed into Ohio.

The plaintiff alleged that internal documents from DuPont bore statements indicating that DuPont knew of the dangers of C-8 and that it was spilling into the drinking water.

DuPont challenged the alleged link between Bartlett’s kidney cancer and C-8 exposure by asking the plaintiff to disclose their C-8 exposure levels. The trial court judge, however, prevented DuPont from compelling the disclosure, citing the applicability of the Leach Agreement which was concluded in West Virginia.

Impact of the Leach Settlement in West Virginia

DuPont earlier settled a personal injury class lawsuit in West Virginia, where under the agreement, the parties formed a panel of scientific experts to study the link between C8 and disease. After several years, the panel found a probable link between C-8 and certain diseases such as kidney cancer, testicular cancer, and ulcerative colitis.

The judge in Ohio, however, ruled that the finding under the Leach Agreement barred DuPont from arguing against the result reached by the panel and consequently, DuPont cannot ask the Ohio plaintiffs to establish the link between C-8 and their diseases. Instead, the Ohio judge ruled that DuPont can introduce evidence of other factors that are linked to kidney cancer and other diseases claimed by the other plaintiffs.

In Cleveland, Ohio, the attorneys of Condeni Law, LLC, have years of experience in a wide range of personal injury cases, providing “A Voice for the Injured” by securing the best appropriate recovery through settlement, mediation, and jury trial.

We can help in cases such as wrongful death, auto collisions, truck accidents, motorcycle crashes, medical malpractice, and construction accidents. Call Condeni Law Firm anytime to schedule a free initial consultation at (216) 771-1760.