Judge Hill: C-8 is toxic to humans

Parkersburg News and Sentinel, From Staff Reports
Published May 6, 2003

PARKERSBURG - Wood County Circuit Court Judge George W. Hill has determined that C-8 is toxic and hazardous to humans. This conclusion and others, signed and entered on April 29 in Wood County Circuit Court, were released by plaintiffs' lawyers on Tuesday. Hill's findings follow a hearing April 18 in circuit court in the class-action lawsuit filed by Jack W. Leach, et al. against E.I. du Pont de Nemours & Co. of Delaware. In Hill's "order granting plaintiffs' second motion for sanctions against DuPont," the judge found: * Ammonium perfluorooctanoate, or C-8, "is toxic and hazardous to humans and is biopersistent, meaning that it is absorbed into and persists in the blood of humans exposed to C-8." * "DuPont has tortiously contaminated the drinking water of the class members with C-8 without the permission of the class members by virtue of DuPont's past and continuing releases of C-8 from DuPont's Washington Works Plant in Wood County, West Virginia." * "The class members have been unwittingly exposed to C-8 from DuPont through the unauthorized presence of C-8 in their drinking water, which, because of the biopersistent nature of C-8, necessarily results in the unauthorized presence of C-8 in the blood of the class members." The judge's order contains 15 findings. DuPont Washington Works spokesman Dawn Jackson said the company had no comment at this time on the judge's order. Because of the extensive nature of the court order, DuPont's attorneys are still reviewing and evaluating the document, Jackson said Tuesday evening. DuPont received the court order Monday, she said. Hill ordered DuPont to, "without unnecessary delay," obtain, test and analyze all samples of class members' blood voluntarily made available to DuPont. Class members, which plaintiffs' lawyer Edison Hill said can number 25,000-50,000, are described as anyone who consumed water contaminated with C-8, not just those on the Lubeck and Little Hocking water supplies. DuPont has been ordered to report the results of the C-8 blood testing to those tested and to plaintiffs' counsel simultaneously. DuPont must pay the costs of the tests to determine the levels of C-8 in the blood of members of a class-action lawsuit against the company. Implementation of the court order is stayed for 30 days from April 29 to allow DuPont to file an appeal. A lawsuit was filed in August 2001 by several Lubeck and Washington area residents against the DuPont Washington Works Plant and the Lubeck Public Service District, which settled its portion of the suit in a separate hearing April 18. The suit alleges the plant knowingly discharged C-8 into the local water supply in amounts greater than the company's internal safety limits, and concealed that information from the public. Exposure has led to illness, plaintiffs say, including increased risk of cancer and other diseases. The plaintiffs are seeking damages for alleged injuries and property damage. Plaintiffs' attorneys are urging people to get their blood tested for C-8. C-8 is a process aid used by DuPont Washington Works in the manufacture of fluoropolymer resins, including Teflon. DuPont scientists and officials have said there are no known health effects from the chemical, which the company has used for more than 50 years. Plaintiffs' attorneys said internal documents show there was concern within DuPont about the effects of C-8. A team of toxicologists set the safety threshold for C-8 levels in water at 150 parts per billion. Reported test results said no area sites tested showed C-8 levels that high. The plaintiffs have challenged that level.