DuPont Found Liable in First PFOA Case
A federal jury in the US state of Ohio has found DuPont liable for causing a woman’s kidney cancer in the first of a potential 3,500 lawsuits over discharges of perfluorooctanoic acid (PFOA or C8) from the chemical group’s Washington Works plant in Parkersburg, West Virginia.
In the case being regarded as an early test of potential liability for the discharge, 59-year-old Carla Marie Bartlett was awarded $1.6 million in damages. She had charged that the chemical found its way into drinking water supplies and caused her cancer.
The court found that DuPont had not acted maliciously in the discharges, however.
Despite the verdict, if it stands, the Wilmington, Delaware-based chemical giant will not have to pay the damages. Legal responsibility for production of PFOA – the fluorochemical used in its well-known Teflon-brand non-stick coating and the Gore-tex waterproofing for clothing –was transferred to spin-off Chemours, a standalone company since July of this year.
Bartlett’s claim was the first to go to trial – a second is scheduled to begin on Nov. 30. The verdicts in the individual cases are not binding on each other, but are being closely watched as they may influence eventual DuPont settlement negotiations.
Lawsuits filed claim DuPont’s management knew at least since 1961 that PFOA was toxic, but failed to take adequate steps to prevent water contamination or to warn workers or nearby residents of the health risks. They claim also that the chemical group covered up side effects.
Chemours will continue to fight the claims on appeal, and DuPont will also appeal, spokespeople for the two chemical producers told news agencies.
