WILMINGTON, Del. and PARKERSBURG, W.Va., Sept. 9 /PRNewswire-FirstCall/ --
DuPont and attorneys for local residents who filed a class action lawsuit in
2001 over releases from DuPont's Washington Works plant of the chemical C-8,
also known as PFOA, have reached an agreement in principle to settle the suit,
officials from both parties announced today.
Critical components of the proposed settlement include C-8 water treatment
facilities for area communities and creation of an expert panel to conduct a
community study to assist it in evaluating whether there is a probable link
between C-8 exposure and any human disease.
The settlement, which is pending approval in Wood County Circuit Court,
calls for cash payments and expenditures valued at $85 million, plus
attorneys' fees and expenses of $22.6 million. The settlement also addresses
contingent medical monitoring funding.
The settlement proceeds will be directed into the Ohio and West Virginia
communities in the vicinity of the Washington Works plant that comprise the
class bringing the suit. As part of the settlement, DuPont has agreed to an
initial cash payment of $70 million, $20 million of which will be used for
health and education projects.
In addition, DuPont will also offer to provide six area water districts -
Little Hocking, Lubeck, Belpre, Tuppers Plains, Mason County and Pomeroy - a
state-of-the-art water treatment system designed to reduce the level of C-8 in
the water supply to the lowest practicable levels as specified by the water
districts. The company will offer the same technology or its equivalent to
residents of those districts whose sole source of drinking water is a private
well. The company estimates the cost for water treatment at $10 million.
The other key component to the settlement is the creation of an
independent panel of experts to evaluate available scientific evidence on the
extent of any probable link between exposure to PFOA and any human disease,
including birth defects. Toward that end, this independent panel will also
design and conduct a health study in the communities exposed to PFOA. DuPont
will fund this study at an estimated cost of $5 million.
If the independent panel concludes that a probable link exists between
exposure to PFOA and any diseases, DuPont will also fund a medical monitoring
program for up to $235 million, in $1 million intervals, to pay for such
medical testing. In this event, DuPont will not contest general causation
between PFOA and any such disease in any personal injury claims that
plaintiffs may pursue. If no such probable link is found, plaintiffs'
personal injury claims and related punitive damage claims would be released at
that point.
All of the plaintiffs' other claims for relief, including medical
monitoring, injunctive relief, property damage, and all claims for punitive
damage related to such claims, will be released upon final court approval of
the settlement. DuPont's obligations for water treatment would cease only if
the scientific panel finds no probable link between PFOA exposure and any
disease.
"After two years of discussions, we are pleased to reach an agreement that
places our combined priorities where they belong - on the community and not on
lengthy and contentious legal proceedings," said Stacey J. Mobley, DuPont
general counsel. "We want to make very clear that settling this lawsuit in no
way implies any admission of liability on DuPont's part. Nevertheless, a
settlement at this time provides benefit to both parties by taking reasonable
steps based on science and, at the same time, contributing to the community."
"In addition to the clear benefit of removing C-8 from their drinking
water, addressing medical monitoring, and funding a scientific study on the
effects of PFOA exposure, this agreement preserves people's rights to pursue
any personal injury claims they may have if their exposure to C-8 is found to
be linked to any disease or birth defects," said Robert A. Bilott of the
Cincinnati law firm of Taft, Stettinius & Hollister, LLP, one of the class
counsel for the plaintiffs.
The Charleston, W.Va. law firms of Hill, Peterson, Carper, Bee & Deitzler,
PLLC, and Winter Johnson & Hill, PLLC, also serve as class counsel for the
plaintiffs.
DuPont (NYSE: DD) is a science company. Founded in 1802, DuPont puts
science to work by creating sustainable solutions essential to a better,
safer, healthier life for people everywhere. Operating in more than 70
countries, DuPont offers a wide range of innovative products and services for
markets including agriculture, nutrition, electronics, communications, safety,
and protection, home and construction, transportation and apparel.
SOURCE DuPont
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Related links:
http://www.dupont.com
CONTACT:
Plaintiff Class: Ron Salter,
+1-304-485-4545, ron@rwsalter.com; or DuPont: Clif Webb,
+1-302-774-4005, r-clifton.webb@usa.dupont.com
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