DuPont Responds To Spelter Case

Not since last October, in the Pensacola News Journal, have you heard about the Spelter, W.Va. class action case taken by local Air America Radio Host and attorney Mike Papantonio. And that was the press release about the Levin-Papantonio firm winning a $196 million lawsuit against E.I. DuPont. It has grown since then. Just yesterday the company issued a public response to the class action lawsuit.  And the $127 million in attorneys fees.  This was somehow missed by the local paper.

Dupont’s response is summarized . . .

“The court’s decision to include biennial chest CT scans in the medical monitoring program is particularly troubling. CT scans are not recommended for such medical monitoring because the risks of harm, including risks of cancer due to radiation exposure, outweigh any benefits. This determination is supported by a recent study published in the New England Journal of Medicine. The trial evidence showed that neither the U.S. Preventive Services Task Force, nor any other authoritative medical screening authority, recommends CT scans for screening asymptomatic patients. The court’s rulings, which adopt a plan that includes regular CT scans, ignore the consensus of the medical community.

“The court also erred in estimating the cost of the medical monitoring program at $130 million. Plaintiffs’ counsel presented a grossly inflated cost projection as justification for a larger award of attorneys’ fees. This estimate is based on implausible and inflated assumptions and forecasts about medical costs and participation rates for the class members. This projection overestimates the reasonable expected cost of the program by many tens of millions of dollars. DuPont‘s funding obligations will be based on the actual cost of the program, not plaintiffs’ unrealistic estimate.”

And the wrap-up of the total damages at this point goes like this.

On Monday, Bedell approved $127 million in attorneys fees and nearly $8 million in litigation costs, which will be taken from the overall award of $381 million.

related link: Daily Report

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