by Lorenzo Ricolfi
Image by 3D Animation Production Company from Pixabay, modified by adding pfas picture from https://www.setac.org/page/PFAS
On the 5th of December, a federal appeals court of the United States released the verdict on the legal litigation between the American multinational chemical company DuPont and a cancer survivor.
The official verdict document is available here and the full article by Clark Mindock (Reuters) is available here.
Per- and polyfluoroalkyl substances (PFAS) are a group of manufactured chemicals used in various industrial and consumer products. They are also known as "forever chemicals" because they do not break down easily in the environment or the human body. Some PFAS chemicals, including perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), have been linked to specific health effects, including cancer, immune system effects, and developmental effects in infants and children.
In this case, the plaintiff, Travis Abbott, claimed that prolonged exposure to PFOA in his drinking water caused him to develop testicular cancer twice. A jury awarded him $40 million in damages after finding that PFOA was likely the cause of his illness. DuPont, the chemical manufacturer, had argued that Abbott's level of exposure was unlikely to have caused his cancer and had challenged the verdict, claiming it had been unfairly kept from raising defences based on the specifics of Abbott's alleged exposure.
The 6th Circuit Court of Appeals has upheld the jury's verdict, stating that DuPont could not challenge the decision, which relied on a finding in related cases that PFOA was linked to the man's cancer. This case is one of the thousands consolidated in multidistrict litigation (MDL) in Ohio, which claims that DuPont poisoned drinking water by discharging PFOA into waterways from its plant in West Virginia.
Picture from https://btlaw.com/insights/blogs/fast-facts-what-is-pfas
Legal disputes over the adverse health effects of environmental contaminants can be tricky for several reasons. One of the main challenges is the difficulty in proving a causal link between exposure to a particular contaminant and developing a specific health condition. This is because many factors can affect an individual's health, and isolating the effects of a specific environmental pollutant can be challenging. Additionally, the impact of environmental contamination may not manifest for many years, making it difficult to determine the exact cause of a specific health condition. In many cases, the burden of proof is on the plaintiffs to demonstrate that their health problems were caused by exposure to a particular contaminant.
Photo: M.Lagisz
Scientific research plays an essential role in all of this. By studying the chemical and biological properties of specific contaminants, researchers can better understand how these substances interact with living organisms and their surroundings. This information can be used to develop strategies for addressing and mitigating the effects of environmental contamination, such as identifying the source of contamination, developing methods for cleaning up contaminated sites, and implementing policies to prevent future contamination. Additionally, research can help identify the specific health effects of different contaminants and provide guidance on protecting individuals from exposure.
By providing a solid evidentiary base, scientific research can help establish the link between environmental pollution and adverse health effects, which can be crucial in determining the responsibility of polluters and the appropriate remedies to be taken.
By providing a solid evidentiary base, scientific research can help establish the link between environmental pollution and adverse health effects, which can be crucial in determining the responsibility of polluters and the appropriate remedies to be taken.
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