DuPont Wins Whistleblower Case Over Leak

A jury in Baton Rouge, Louisiana has issued a verdict favouring DuPont in a whistleblower suit alleging leaks of cancer-causing gas at the company's sulfuric acid plant in Burnside, Louisiana. 

The suit invoking the False Claims Act was filed in 2012 by an employer of the plant, who accused the company of not reporting the leaks in order to avoid regulatory fines.

Under the act, individuals may sue on the government's behalf and potentially receive a share of funds recovered through the lawsuit, reports the New Orleans newspaper Times-Picayune.

The suit brought by Jeffrey Simoneaux, who worked at the plant for 22 years, claimed that DuPont owed the US government $25,000 for every day of a five-month period in which it allegedly violated the Toxic Substances Control Act by leaking sulfur trioxide.

To stop the leaks, Simoneaux said the company either had to shut the facility for about a week to flush the system with colored gas to identify the areas that needed welding or cut production to reduce the amount of leaking gas.

The suit described an incident of Feb. 1, 2012, when Simoneaux said he cut production after detecting a leak, as his supervisor instructed, adding that he wanted to avoid criminal responsibly for neglecting to report the violation. However, the plant manager overrode his decision.

Lawyers for the plantiff introduced as evidence a number of incidents of adverse health effects they contended were caused by the leak, including throat and eye irritation.

While DuPont said it was pleased with the jury's findings, Simoneaux's lawyers said they were considering an appeal.