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Class Status Denied in Suit Against DuPont Over Chemical-Tainted Water

January 5, 2009

The use of medical monitoring as a remedy for mass exposure to toxic chemicals has suffered a setback in New Jersey.

 

A federal judge in Camden has denied class certification sought in behalf of 15,000 people whose drinking water may have been contaminated by a chemical spilled from DuPont’s Chambers Works in Salem County.

 

The plaintiffs want DuPont to pay for medical monitoring to provide early warning of health problems caused by perfluorooctanoic acid (PFOA) — used in the manufacture of nonstick cookware, microwave popcorn bags and other products — that seeped into the water of the Penns Grove Water Supply Co.

 

New Jersey courts have recognized medical monitoring as a remedy for groups of plaintiffs exposed to dangerous substances. It works unless there are so many significant individual issues that the case would break down into litigation of individual claims, the courts have said.

 

Read Article: Law.com

 

Posted By: Phoenix DUI Attorney

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