DUPONT OFFERS UPDATE ON PFOA PERSONAL INJURY TRIALS
July 1, 2016
DuPont Statement on PFOA Personal Injury Trials
In 2014, six plaintiffs from the multi-district litigation (MDL) related to personal injury cases associated with exposure to PFOA in drinking water were selected for individual trial. In the second of these six bellwether cases to be tried, the plaintiff, Mr. Freeman, alleged that exposure to PFOA in drinking water caused his testicular cancer. On July 6, 2016, a jury in Ohio awarded compensatory damages to Mr. Freeman in the amount of $5.1 million. On July 8, 2016, in the second phase of the Freeman trial, the jury awarded $0.5 million in punitive damages plus attorneys' fees. E. I. du Pont de Nemours and Company (the "Company") will appeal.
The first bellwether case was tried to a verdict in 2015 and the jury awarded $1.6 million in compensatory damages. The plaintiff, Ms. Bartlett, alleged that exposure to PFOA in drinking water caused kidney cancer. The Company is appealing the decision.
One case was voluntarily withdrawn from the bellwether trial pool by plaintiffs. The remaining three cases have been settled for amounts that are individually and in the aggregate, immaterial to the Company.
An approximate breakdown of the about 3,500 lawsuits in this MDL is shown below. In the majority of the cases, plaintiffs claim multiple injuries; as a result the number of claims does not sum to 3,500. About 75 percent of the 3,500 lawsuits in this MDL involve claims that allege high cholesterol and/or thyroid disease and less than ten percent allege cancer.
Alleged Injury Approximate Number of Claims
Kidney cancer 200
Testicular cancer 70
Ulcerative colitis 300
Thyroid disease 1,430
High cholesterol 1,340
This type of litigation could take place over many years and interim results do not predict the final outcome of cases. The Company is indemnified by Chemours for these PFOA matters.
This information is being furnished pursuant to Item 7.01, and the information contained herein shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities under that Section. Furthermore, this information shall not be deemed to be incorporated by reference into the filings of the Company under the Securities Act of 1933, as amended.
If you or a loved one has been injured call Day & Nance for a free case evaluation. 702-309-3333