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DuPont: PFOA Cancerphobia Testimony Should Be Struck

July 5, 2016, 11:16 PM

A jury should be instructed to disregard a bellwether plaintiff’s arguments regarding fear of cancer in multi-district litigation against DuPont over drinking water contaminated with perfluorooctanoic acid (PFOA), the company told a federal court (In re E.I. du Pont de Nemours & Co. C-8 Pers. Injury Litig., S.D. Ohio, 13-md-02433, motion filed 7/1/16).

Counsel for David Freeman took inconsistent positions at trial regarding fear of cancer—abandoning and then rearguing the issue, DuPont said in its motion filed in the U.S. District Court for the Southern District of Ohio.

Freeman asserted, dropped and reasserted during trial the allegation ...