A judge says 14 plaintiffs can enroll in a court-administered medical monitoring program even as they sue DuPont over a West Virginia zinc-smelting plant they say made them sick.
Plaintiffs got copies of Harrison County Circuit Judge Thomas Bedell’s ruling last Thursday.
DuPont argued there’s no point in testing for illnesses if people are already sick and accused those in the personal injury case of double-dipping.
The plaintiffs also participated in a class-action lawsuit that produced a $196 million punitive damage award in 2007.
But the plaintiffs said they’re still being exposed to heavy metals from the Spelter site, and some illnesses can take decades to develop.
Bedell agreed, ruling the cases are separate actions.
DuPont said it is reviewing the order and its options, and will vigorously defend the personal injury cases.
Topics Virginia
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