C-8 MDL Court Says DuPont Can’t Challenge Protocols Used by Panel in Past Study

CLEVELAND –– DuPont is prohibited from challenging protocols used by a panel in determining a potential link between a human disease and C-8 exposure, a federal court has ruled, since a prior state court settlement agreement “explicitly” provided the parameters of the study.

The U.S. District Court for the Southern District of Ohio wrote in its opinion that under the prior settlement, DuPont had “contractually agreed to a finding of general causation.”

In the underlying motion for partial summary judgment, the plaintiffs maintained that DuPont was trying to re-litigate issues that were resolved as part of the settlement agreement reached …