A jury should be instructed to disregard a bellwether plaintiff’s fear of cancer arguments in multi-district litigation against DuPont over drinking water contaminated with perfluorooctanoic acid (PFOA), the company told the Southern District of Ohio (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.
Freeman asserted, dropped and reasserted during trial the allegation of fear of cancer based on the presence of PFOA in his blood, DuPont ...
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