The first of 3,500 personal injury and 37 wrongful death claims against DuPont went to trial in Columbus, Ohio, this week.











DUPONT WENT TO COURT this week, defending its use of C8, the chemical that spread from the company’s Parkersburg, West Virginia, plant into the drinking water of some 80,000 people in West Virginia and Ohio. A jury in Columbus, Ohio, is now hearing the case of Carla Bartlett, a 59-year-old woman who developed kidney cancer after drinking C8-contaminated water for more than a decade.
As The Intercept reported in a three-part series last month, Bartlett’s is the first of some 3,500 personal injury and 37 wrongful death claims stemming from the 2005 settlement of a class-action suit filed on behalf of people who lived near the plant. Another trial over the chemical, which for decades was used in the production of Teflon and many other products, is scheduled for November. Together, the “bellwether” cases, six in all, are expected to give attorneys on both sides a sense of whether the rest of the claims will proceed or settle — and for how much.
Bartlett’s attorneys, including Robert Bilott, who has been working on C8 since taking the case of a West Virginia farmer named Wilbur Tennant in 1999, argue that DuPont is guilty of negligence, battery, and infliction of emotional harm for exposing Bartlett to C8 in her drinking water.
DuPont’s attorneys, who summarized their case in opening arguments and will present their witnesses later in the trial, insist that the company bears no responsibility for the kidney tumor for which Bartlett was treated in 1997. “Nobody at DuPont expected that there would be any harm from the extremely low levels of C8 that were reached in the community,” said DuPont’s attorney Damond Mace in his opening argument.
The company’s defense hinges on the contention that company employees did not realize C8 was dangerous at the time Bartlett was exposed — despite hundreds of internal documents detailing DuPont’s knowledge that the chemical posed risks to both animals and humans. When evidence of its harm did emerge, said Mace, it was too late: “Nothing that happened after 1997 would have allowed DuPont to go back and do things any differently than had already been done.”
The particular threats posed by the chemical were detailed by the findings of a panel of scientists, who in 2012 determined that C8 exposure at the level measured in six water districts — at least .05 parts per billion — was “more likely than not” linked with six illnesses: preeclampsia; ulcerative colitis; high cholesterol; thyroid disease; testicular cancer; and Bartlett’s disease, kidney cancer.
“Kidney cancer occurs every day all across this great country of ours.”
The 2005 class-action settlement requires DuPont to accept C8’s links to these diseases, and that agreement forces the company’s attorneys to walk a legal tightrope over causality. While they must admit that C8 can cause kidney cancer, they deny that it caused Bartlett’s particular cancer. As Mace told the jury: “Kidney cancer occurs every day all across this great country of ours.” He then pointed out that Bartlett, who weighs 230 pounds, displayed one of the “major risk factors” for the cancer: obesity.
DuPont also contends that C8 isn’t as toxic as the plaintiffs claim. As evidence, Mace cited a report produced by the West Virginia Department of Environmental Protection, with the help of an industry-funded group and several DuPont employees, that set a temporary standard for drinking water safety that was 150 parts per billion (ppb). Yet the company’s own internal standard for the chemical was 1 ppb.
The DuPont lawyer also told the jury about a study the company conducted that concluded Wilbur Tennant, the West Virginia farmer who sued DuPont over the death of his entire herd of cattle, was responsible for his own cows’ deaths. The report failed to disclose that the company had dumped 7,100 tons of C8-contaminated sludge into a landfill near the stream from which Tennant’s cows drank. Instead, the authors blamed Tennant’s “failure to provide the right supplements for the cattle” — a conclusion Mace repeated in court, adding, “They had pink eye and many other issues.”
If the chemical were really dangerous, DuPont attorneys contend, government agencies would have regulated it. The implication is that the company was within its rights to dump barrels of the stuff into the ocean, as it did in the 1960s. And that it was perfectly fine to emit more than 632,000 pounds of the toxic substance directly into the Ohio River, as DuPont did over the more than 50 years it used C8 in West Virginia. “They were allowed under the law,” Mace said of the plant’s river emissions. “There is a difference between emissions from a plant and what an individual is exposed to. There weren’t people there right at that pipe.”
We’ll soon know which argument a jury finds more persuasive. But even if they decide in Bartlett’s favor, or the company opts to settle the suits, the costs may not fall to DuPont. Facing years of litigation over the chemical and the possibility of federal regulation — and thus enormous cleanup liabilities — in July DuPont spun off its chemical division into a separate company called Chemours.
Settlement costs could force Chemours, whose stock price has fallen 57 percent since June, to the brink of bankruptcy — or beyond.

The first of 3,500 personal injury and 37 wrongful death claims against DuPont went to trial in Columbus, Ohio, this week.











Where are the criminal charges?
“in July DuPont spun off its chemical division into a separate company called Chemours.
Settlement costs could force Chemours, whose stock price has fallen 57 percent since June, to the brink of bankruptcy — or beyond.”
DuPont saving their own hides.
Speaking of corporate greed and irresponsibility,
http://www.nytimes.com/2015/09/21/business/a-huge-overnight-increase-in-a-drugs-price-raises-protests.html?hp&action=click&pgtype=Homepage&module=second-column-region®ion=top-news&WT.nav=top-news&_r=0
I have worked with Dr. Judy Aberg on a couple of HIV research protocols during my career. She is a great physician, tireless advocate for her patients and a wonderful person. This isn’t the first time we’ve seen pharma companies do this sort of egregious shit, and it won’t be the last.
Mr. Shkreli is “staying in business” by making life or death decisions for people who can no longer afford his drug.
Dr. Aberg is exactly right.
Surely the legal people can show that this ‘spun off’ division is a financial ploy to mitigate the amount of money they may have to pay? In New Zealand, any funny business that occurs AFTER legal proceedings begin, can be clawed back; eg. setting up a trust to protect funds does not work unless it occurred well before anything began. The trust would be ignored.
Likewise, the local authorities/courts should recognise the business change for what it is; a crude effort to save money – they should have been saving lives.
The old ‘we didn’t expect it’ defense – yeah, that always works.
This will never happen with Republicans in control of Congress, however, they need to pass a law that denies any corporation from writing off the costs and penalties of litigation cases in which they lose. There’s no way taxpayers should be left holding the bag after the shear negligence because of their greed of these corporations.
Perhaps. But here is something that any republican can only love, for it shows our fascist system at its best, and at the same time demonstrates the wonderful benefits of the US health care system
http://www.nytimes.com/2015/09/21/business/a-huge-overnight-increase-in-a-drugs-price-raises-protests.html?hp&action=click&pgtype=Homepage&module=second-column-region®ion=top-news&WT.nav=top-news&_r=0
I can’t see how the Dupont Corporation can, ” emit more than 632,000 pounds of the toxic substance directly into the Ohio River, as DuPont did over the more than 50 years it used C8 in West Virginia,” And then spin off their chemical division into a separate company called Chemours and avoid responsibility for the prior 50 years when they did own the chemical division. Didn’t the Dupont Corporation get their start in the chemical industry with the invention of dynamite? Now they can simply spin off that division (not even sell, mind you, simply spin it off) and avoid 50 years of liability? Something is terribly wrong about that situation.
The C8 chemical used in the manufacturing of Teflon is a separate issue from Teflon safety. Teflon is very safe at low temperatures. However it become a health concern at high temperatures:
Wikipedia Teflon safety:
Safety
The pyrolysis of PTFE (Teflon) is detectable at 200 °C (392 °F), and it evolves several fluorocarbon gases and a sublimate. An animal study conducted in 1955 concluded that it is unlikely that these products would be generated in amounts significant to health at temperatures below 250 °C (482 °F).[35]
While PTFE is stable and nontoxic at lower temperatures, it begins to deteriorate after the temperature of cookware reaches about 260 °C (500 °F), and decomposes above 350 °C (662 °F).[citation needed] These degradation by-products can be lethal to birds,[36] and can cause flu-like symptoms[37] in humans.
Meat is usually fried between 204 and 232 °C (399 and 450 °F), and most oils start to smoke before a temperature of 260 °C (500 °F) is reached, but there are at least two cooking oils (refined safflower oil (510 °F) and avocado oil (520 °F)) that have a higher smoke point than 260 °C (500 °F).
https://en.wikipedia.org/wiki/Polytetrafluoroethylene
Our family a Waring 1300w cast iron burner outside on the glass patio table, as cooking generates considerable odors. Cast iron pans are the safest but we still generally cook at lower temperatures to avoid blackening/cancer issues. No Worries!
Chemours seems the perfect synthetic derivative of chemistry and tumors.
Even after many decades experiencing statements of rationalization and defensive arguments of these psychopaths, the utter arrogance of it still sickens and astonishes.
What keeps me marginally sane is an unyielding faith in unavoidable conscious atonement at point of physical death in stark light of the unfettered truth of our intent, acts and consequences.
Simply being forced to digest the actual pathology of criminal self interest, self indulgence and profiteering impacting the pain and suffering of innocent victims from Bhopal to Parkersburg is my fervent prayer for these despicable creatures.
There is no justice here.
That’s a neat trick. If you ever have the bad luck of being sued by some idiot who slipped on your front steps and got paralyzed, you should remember that: spin off your front steps as Sore Chum, Inc. He can recover all the damages he wants from your front steps, drive them right into bankruptcy, and afterward you just make sure to go out the back. (Safer that way anyway) Eventually the liquidators will put all twenty square feet on the marketplace and maybe you can snap it up and find a way to work it back into the house again.
The line that really gets me is the one where Dupont says that if the chemical were really toxic, then the Government should have regulated it. This excuse is borrowed from the financial industry, which has spent large sums to buy influence, and thereby deregulation, and then claims no role in the financial meltdown because they were acting within the law.
It has long been held that legality does not equate to justice, leading to the inscription “Equal justice under law” inscribed across the facade of the Supreme Court building. The problem is that elected officials at every level – not all, but clearly a majority – have been subverted by the vast sums of money thrown their way by those who want to make legal practices which have no basis in morality, even the perverted morality of the Abrahamic religions. Thus the Dupont lawyers can argue with a straight face that their company did no wrong.
much as Israel argues “Hamas attacked us so we have the right to defend ourselves” with a straight face.
Friday’s democracynow.org program with host Amy Goodman had a good presentation of how corporations get away this. They pay fines and the people responsible for those crimes, especially in large corporations, rarely, if ever, go to jail. Indirectly, it is stock holders and taxpayers who pay the fines as they are written off as business expenses! Almost as important, though, is trust in government as protectors of the health, safety and well-being of the populace. The revolving door, government to corporation – corporation to government road to riches oligarchy which has truly replaced any semblance of a democracy our founders might have had is destroying our country (if it has not already happened). The trust is dead and a new king has arrived on our shores. God save the Corporation!
It is absurd that a large company can spin off some its business to an under financed company meant to fail and dodge all real responsibility. If that is well established legal precedent, then somebody did a real favor to big business. Any chance of overturning this?
The “toxin” is not Teflon. Your yellow journalism is dealing to The Intercept.
How about some facts connected by logic to support your claim, whatever it might be?
Teflon is a macromolecule (polymer) of no toxic potential. It was a marvelous invention that has brought great benefits to medical care and consumers. C8 is a small molecule of contentious toxic potential.
The title is “THE TEFLON TOXIN GOES TO COURT”. It does not say that teflon is toxic, but that there is a toxic substance associated with teflon. There is nothing contentious about the toxicity of C8, and no doubt about its association with teflon. The best Dupont can do is claim it did not know, and that appears to be a lie, or rather, a whole carefully constructed set of lies.
Reading comprehension. Unbiased look at the facts. Etc.
Your biases are showing.
Well said
Credit ROFR
In on-going testimony:
“Dr. Anthony J. Playtis, a retired occupational hygienist employed at DuPont’s Washington Works facility, was the only witness called by the company’s defense attorneys yesterday in the case of Carla Bartlett v. DuPont. Although he was expected to support the company and its actions leading to the contamination of drinking water in Ohio and West Virginia, Dr. Playtis had to admit under cross-examination that DuPont’s Teflon chemical C8, which DuPont released in mass into the environment, is VERY toxic.”
“His admission to the toxicity of C8 highlighted the bio-persistence of the chemical, in the environment and in living organisms. Even more shocking, Dr. Playtis admitted that he knew for more than a decade that the plant drinking water supply had been contaminated with C8, but he had not told anyone. Moreover, he acknowledged under oath that numerous epidemiological studies had been proposed by a company doctor, studies that would have specifically looked to address kidney cancer among Washington Works workers from exposure to C8, but DuPont never conducted those studies.”
“Dr. Playtis’ role in withholding information can be inferred from the 2004 reports. On November 7, 1988, DuPont had tested a local residence for the presence of PFOA (C-8). However in a memo from Dr. Playtis, reporting on this analysis, the result is listed simply as, “contaminated sample, analysis not possible”. On May 4, 1989. DuPont tested again in the home. Again, the analysis report from Dr. Playtis gave the result as, “contaminated sample, analysis not possible.” An environmental working group in 2004 was unable to find any evidence that there was any followup by DuPont to get adequate samples from the home. Had the various study results that were withheld had been provided to the EPA as required by law, evidence of serious risks posed by C8 would have become apparent to the Agency decades earlier than they ultimately were.”
“Is demeaning” to The Intercept
Carbon and fluorine= Fluorocarbon
Is the most toxic substance known to the human brain.
But hey don’t let that stop you Aggrieved, keep frying your eggs on it…please.
Stupidity has its own answer.