First C8 Trial Results in 1.6 Million Dollar Verdict Against DuPont
On October 7, 2015, a federal court jury in Columbus, Ohio, returned a verdict against DuPont in the first of 3500 cases charging that DuPont knowingly contaminated drinking water near its facility below Parkersburg, West Virginia. The jury found that Carla Marie Bartlett contracted kidney cancer as a result of being exposed to DuPont's C8 chemical in her water.
The verdict for Carla Bartlett included $1.1 million against DuPont for damages arising from its negligence and $500,000 additional compensation for the emotional distress which Bartlett suffered as a result of DuPont's conduct.
DuPont's conduct was egregious-- dumping the chemical into community water sources with full knowledge that it would likely cause cancer and other diseases among the residents. Hopefully this verdict will send a message to DuPont and others who engage in similar conduct placing profits ahead of people. The next trial will be in Columbus on November 30, 2015.
Hill Peterson Carper Bee & Deitzler, PLLC, along with Taft Stettinius and Hollister, LLP (Cincinnati, OH) and Winter & Johnson (Charleston, WV) filed the 2001 class action lawsuit which enabled the affected residents to seek compensation for their injuries. For the Bartlett case our three original firms were joined by the law firms of Levin Papantonio (Pensacola, FL), Douglas & London, PC (New York, NY), and Kennedy & Madonna, LLP (Hurley, NY).
By order of the Wood County Circuit Court, a class action was certified for the benefit of persons directly impacted by C-8 water contamination emanating from the local DuPont Washington Works plant in Wood County. Those people are the beneficiaries of the class action settlement (Leach et al v. E. I. Du Pont De Nemours and Company) in the Circuit Court of Wood County, West Virginia at Parkersburg. Two West Virginia law firms and one Ohio firm were the only law firms designated as class counsel to represent the affected persons. Those law firms are Hill Peterson Carper Bee & Deitzler PLLC of Charleston, WV, Taft Stettinius & Hollister LLP of Cincinnati, OH, and Winter & Johnson PLLC (formerly Winter Johnson & Hill PLLC) of Charleston, WV.
You are, or are not, a class member based upon the court’s order which created the class. It is not necessary, or possible, for anyone else to "join" the class action. The court’s order provides that all persons who were provided water by any of the six affected water districts (or specified wells within those districts, including DuPont's Washington Works Plant) for a year or more prior to December 4, 2004, are automatically members of the class action for which we were appointed by the court to be class counsel. (The only exceptions are individuals who chose to "opt out" of the class action within the original timeframe as allowed by the court before the final settlement was approved.) The affected water districts are: Little Hocking, Belpre, Tuppers Plains, and Pomeroy in Ohio, and Lubeck and Mason County in West Virginia.
In October, 2012, the C-8 Science Panel concluded its probable link findings which determine whether or not you have a right to pursue a claim under the class action. If you have already contacted us and returned a client contract, we are currently in the process of updating your individual case so that we can pursue your claim if you qualify. Some claims have already been filed and are now pending in the United States Federal District Court for the Southern District of Ohio. All cases filed from this point forward will be transferred to that court for consolidated exchange of information between the parties and consistent rulings between all cases. If you believe that you may be affected by a C-8 related disease, but have not yet contacted us, you may do so by email or telephone.
The probable link reports of the C-8 Science Panel conclusively determine whether or not C-8 can cause the linked disease insofar as Class Members are concerned.
Aside from the compensation claims that we will pursue for our qualified clients, to the extent that your past exposure to C-8 water contamination remains a concern, all class members in the affected water districts are now entitled to free medical monitoring (testing) that an independent panel of medical experts (the C8 Medical Panel) has deemed appropriate to watch for signs of C-8 related disease. Because Dupont put the dangerous chemical in your water without your permission or knowledge, all such medical monitoring will be paid for by Dupont. More information regarding the court-approved C8 Medical Panel, its protocols, and the current medical monitoring program is available on this site or on the C-8 Medical Monitoring Program website.
Thank you for your interest in the ongoing C-8 litigation. Hopefully this website will provide you with significant public information regarding C8 and related litigation.
The original C8 Class Action law firms are:
If you feel that we may be of service to you, please email or call us. The interview and call are free and without any obligation on your part whatsoever.
This section of the law firm website is intended to provide only a very general overview of the law, facts, and issues involved in C8 related litigation, and it is not intended to be a substitute for an experienced legal opinion based upon the individual facts of your case. It should not be construed as legal advice. If you have questions about the legal implications of a potential C8 claim, please e-mail or call the law firm of HILL, PETERSON, CARPER, BEE & DEITZLER, PLLC, with respect to the individual facts of your particular case.
The fact that any person visits this website, reads information on this website or its associated links, or contacts this law firm by e-mail or telephone, does not create an attorney/client relationship nor any obligation between law firm and the site visitor or caller. To create an attorney/client relationship and mutual obligations, the law firm and the client will first enter into a written attorney/client agreement.
Regardless of whether or not an inquirer becomes a client of this law firm, as class counsel we understand and agree that all calls or communications submitted to the law firm by persons who are members of the C8 settlement class (as defined by the court) regarding C8 questions are confidential, and any such calls, e-mails, or communications shall remain confidential unless the submitting party directs or agrees otherwise.
Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law. This web page is not intended as, and should not be used by you as legal advice, but rather as a touchstone for reflection and discussion with others about these important issues.
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