C8 Class Action Settlement

The information below includes reference to specific and cumulative case results of the past and should not be misconstrued as any indication that a future client or case will have a similar outcome. Case results depend on a variety of factors unique to each case. Past case results do not guarantee or predict a similar result in any future case undertaken by this law firm.

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 districts, 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 prior to December 3, 2004 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.

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

A settlement was reached with DuPont in the original (Leach v. E. I. DuPont) class action lawsuit. The entire settlement was approved by the Court. 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 and private wells 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 has paid more than $30 million to fund a health study, utilizing a panel of three highly credentialed epidemiologists, to determine whether there are any probable links between C-8 exposure and adverse health effects in humans. The C8 Science Panel began announcing its final probable link findings in December of 2011and finished its work in October of 2012. Based on the probable link findings of the C8 Science Panel, 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) with respect to C-8 linked diseases. Personal injury claims of class members relating to C-8 linked diseases were preserved under the 2005 class action settlement, but the statute of limitations is now running on such claims. 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. Our co-counsel on C8 cases are Taft, Stettinius & Hollister LLP and Winter & Johnson PLLC. Together, 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 a client website which provides a convenient way to access attorney/client protected information at the appropriate time. (Clients are provided an individual user name and password for access to the 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 sources for at least one year during the time prior to December 4, 2004, you are a member of the Leach class action (unless you are one of the individuals who opted out of the lawsuit in 2005-- the time limit for those individuals as to past claims is likely expired). Any class member who suffers from, suffered in the past from, or subsequently acquires, one of the six C8 linked diseases (or the class member's beneficiaries in the event of death of the affected person) has a class action based right to make an individual claim for compensation arising from the adverse impact suffered as a result of DuPont's non-permissive C8 contamination the affected person's environment and water.

What is the current status of the C8 Health Project, the C8 Science Panel, and class claims for medical monitoring or injury compensation?

C8 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. Not all class members participated in the C8 Health Project. 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. C8 Health Project participants should have received reports of their C8 blood levels. The Brookmar testing was concluded in 2006 and free blood testing through the C8 Health Project is no longer 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 the participating class members was been tabulated by West Virginia University, and analyzed by the panel of three epidemiologists (the C8 Science Panel) along with all other information available regarding C-8. The C8 Science Panel found probable links between diseases or illnesses to humans and exposure of C-8. DuPont will now be required to pay for whatever medical monitoring (testing) is recommended for class members by the independent C8 Medical Panel. Under the terms of the 2005 settlement, Dupont is mandated to spend up to 235 million dollars for that medical service to class members. Medical monitoring protocols and current status are updated here. Also, if you have one of the six C8 linked diseases, a claim (lawsuit) for compensation may be pursued on your behalf against DuPont. To request additional information, or if you have any questions, please contact us through this website or call us toll free at 800-797-9730.

The Science Panel has made a determination that 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.).

For purposes of an individual who suffers from one of the six C8 linked diseases, the probable link finding is conclusive on the question of whether or not C8 exposure can cause the linked disease from which the individual suffers. However, the question of whether or not the C8 exposure caused the linked disease in that particular individual is subject to denial by DuPont. As it currently stands, class members who suffer from a C8 linked disease must file a lawsuit before the time limit for such claims expires. Class members are not required to hire our law firms, two of which have litigated C8 claims since before 2001, and all of which have been involved in the C8 Class Action litigation from 2001 forward. Our three uniquely experienced C8 litigation law firms are:

HILL, PETERSON, CARPER, BEE & DEITZLER PLLC
TAFT, STETTINIUS & HOLLISTER LLP
WINTER & JOHNSON PLLC

© Hill, Peterson, Carper, Bee & Deitzler, PLLC. All rights reserved .