C-8 Class Action Settlement

C-8 Class Action Settlement

Who is in the class action?

A class action lawsuit against DuPont was certified in the Circuit Court of Wood County, West Virginia (Leach, et al v. E. I. DuPont deNemours and Co.). Judge J. D. Beane is currently the presiding judge over the certified class action case. The class that was certified includes all people within six named water district, or users of certain specified private water wells, whose drinking water was contaminated with C-8 attributable to releases from DuPont's Washington Works plant. To qualify as a member of the class, at the time of the settlement a person must have been drinking contaminated water for at least one year from one of six named water districts, or specified private drinking water wells contaminated with C-8. The affected water districts are (1) Little Hocking, Ohio; (2) Lubeck Public Service District, West Virginia; (3) City of Belpre, Ohio; (4) Tuppers Plains, Ohio; (5) Mason County Public Service District, West Virginia; (6) Village of Pomeroy, Ohio. It does not matter where class members now reside, so long as they lived in one of the contaminated areas and drank the water for at least one year effective December 3, 2004. Additional lawsuits have been filed on behalf of persons affected by C-8 water contamination in Parkersburg, West Virginia and other parts of the country. As of this writing, none of the other lawsuits have been certified as class actions by the courts.

What is the status of the resolved C-8 class action litigation against DuPont?

A settlement was reached with DuPont in the original (Leach v. E. I. DuPont) class action lawsuit. That settlement provided for payment of $70 million for a health and education project for the benefit of class members. With interest, the actual budget exceeded $71 million. The settlement also mandated that DuPont pay for the installation of state-of-the-art water treatment technology for the six identified water districts to clean C-8 in the water supply to the lowest practicable levels. $21.79 million has already been paid by DuPont for this purpose. Water in all six affected districts is now filtered to a level where C-8 is nearly non-detectable. In addition, as a result of the settlement, DuPont is paying almost $20 million to fund a health study, utilizing a panel of three highly credentialed epidemiologists, to determine whether there is a probable link between C-8 exposure and adverse health effects in humans. If that determination is made, DuPont must make up to $235 million available for the medical monitoring of class members (testing to detect the presence of, or likely beginning of, any implicated diseases, health conditions, or cancers). Additionally, all personal injury claims of affected people in the class are preserved if the determination is made by the panel of epidemiologists that there is a probable link between C-8 exposure in humans and diseases or birth defects. The C8 Science Panel began announcing its final probable link findings in December of 2011and is expected to finish its work in October of 2012. The entire settlement was approved by the Court. See a related article in the October 18, 2006 edition of the West Virginia Record. Persons who wish to pursue claims based upon health conditions caused by C-8 exposure may contact us.

What is HILL, PETERSON, CARPER, BEE & DEITZLER, PLLC, doing in C-8 class action litigation?

Hill, Peterson, Carper, Bee & Deitzler, P.L.L.C. is one of three law firms designated as lead class counsel representing the people (in the impacted water zone) who have consumed water contaminated with C-8, which came from the DuPont Washington Works plant, located in Wood County, West Virginia. Our law firm has been involved in the investigation and litigation of this matter with our co-class counsel from the very beginning, resulting in suit being filed against DuPont in August 2001. We have worked with many experts in developing the evidence and proof necessary to bring this matter to a fair and just conclusion. Those experts include medical doctors, toxicologists, and chemists. We have also provided valuable information to the United States Environmental Protection Agency. As a result, that agency has brought charges of violations of environmental laws against DuPont for the manner in which DuPont has caused many people to be exposed to this toxic chemical. C-8 class action litigation clients of this law firm have personal access to our website (www.C8classaction.com) which provides a convenient way to access information about this chemical and this case. Clients are provided their own user name and password for access to this confidential website.

Do I have a claim in the settled Leach (Leach v. E. I. DuPont) C-8 class action?

If you have lived in one of the six C-8 contaminated areas referenced above or used one of the specified private water wells, and have consumed water contaminated with C-8 from such sourches for at least one year during the time prior to December 4, 2004, you are a member of the Leach class action.

What is the current status of the health project, the science panel, and class claims for medical monitoring or injury compensation?

If you fit the definition of a class member, you are a member of the class regardless of whether or not you participated in the health project. Participants had their blood tested for C-8 levels and gave medical history as part of an important study to determine whether or not C-8 exposure is linked to adverse medical effects in humans, and if so, what exact illnesses or diseases C-8 exposure causes. The time has now passed during which blood testing for C-8 was available to class members. As of the end of July 2006, a total of 69,096 class members had undergone blood testing and provided extensive medical histories about themselves. The data gathered from the blood testing and medical histories of these class members is has been tabulated by West Virginia University, and is being analyzed by the panel of three epidemiologists referenced above, along with all other information available regarding C-8, in order to determine whether or not there is a probable link between diseases or illnesses to humans and exposure of C-8. If a probable link to human disease is found, DuPont will pay for medical monitoring (testing) for all class members, spending up to 235 million dollars for that medical service to class members. If you have a particular disease linked to C-8 exposure, then a claim (or lawsuit) may be brought on your behalf, against DuPont, seeking appropriate compensation. To request additional information, or if you have any questions, please contact us or call us toll free at (800) 822-5667.

The Science Panel is making a determination of whether or not there is a probable link between C8 exposure and adverse human health outcomes. What does “probable link” mean?

Probable link is defined in the settlement agreement and further described in communications with the science panel which cite applicable law, as follows:

1) Letter from Robert A. Bilott to science panel administrator dated April 11, 2005.

2) Letter from Larry Winter to science panelists Fletcher, Steenland, and Savitz dated August 2, 2005 (c/o Maryann K. Aiello, Esq.).

3) Letter from Robert A. Bilott to science panelists Steenland, Savitz, and Fletcher dated January 22, 2010 (c/o Maryann K. Aiello, Esq.).