The Associated Press reports that this morning, the jury began deliberating the plaintiffs’ medical monitoring claims in the second phase of the class action against DuPont, which is taking place in Harrison County, West Virginia.
The jury has to determine whether the plaintiffs are entitled to compensation for medical monitoring, and if so, how much. The plaintiffs have proposed a 40 year medical monitoring plan that would offer voluntary testing for various cancers, including those of the lung, skin, stomach, bladder and kidney, as well as testing for kidney function, cognitive problems and lead poisoning. The plaintiffs allege that they are at greater risk for such conditions because of pollution and contamination caused by DuPont’s zinc smelting plant in Spelter, West Virginia.
Last week, in the first phase of the trial, the jury determined that DuPont was liable for the plaintiffs' injuries. Regardless of the jury’s verdict on medical monitoring, the trial's next phase will address property damages, and the final phase will determine whether the plaintiffs are entitled to punitive damages.
