West Virginia Business Litigation Lawyer & Attorney : Law Office of Jeffrey V. Mehalic : Charleston, Huntington, Parkersburg

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    According to the Associated Press, the jury yesterday determined that DuPont must pay for medical monitoring for 7,000 class members, as a result of its contamination of a zinc smelting plant in Spelter, West Virginia.  The class members, who are residents of Harrison County, allege that their health and property were damaged by DuPont's releases of cadmium, arsenic, and lead at the site.  I have written about the trial on several occasions, most recently yesterday.

    Although the jury apparently adopted the plaintiffs’ proposed plan, which establishes a 40-year voluntary testing program for various cancers and other conditions related to toxic exposures, the Circuit Court will determine the “scope, cost and duration of any medical monitoring plan,” according to DuPont’s spokesman.

    The trial's third phase, which addresses the plaintiffs' property damage claims, begins today.  The last phase, which should start sometime next week, will determine whether the plaintiffs are entitled to punitive damages.