Ohio man asks appeals court to revive massive PFAS class action against 3M, DuPont

3M Co

12/12/2023 22:12

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      Ohio man says PFAS class decision sends a dangerous
message
    

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      Man wants court to take a fresh look at the decision
    

  
    By Clark Mindock
       Dec 12 (Reuters) - An Ohio resident has told a U.S.
appeals court its recent ruling putting an end to a massive
class action lawsuit that accused 3M  MMM.N , Corteva Inc
 CTVA.N  subsidiary E.I. du Pont de Nemours and Co and other
companies of putting people's health at risk by exposing them to
toxic “forever chemicals” could send a dangerous message to
chemical manufacturers facing similar claims, and deserves a
second look.
    Kevin Hardwick, the lead plaintiff in the lawsuit, on Monday
asked the full 6th U.S. Circuit Court of Appeals to reconsider a
November decision that dismantled the class action that would
have allowed roughly all of Ohio's 11.8 million residents to sue
the companies as a group.
    Hardwick said the decision would allow companies to escape
potential liability for per- and polyfluoroalkyl substances, or
PFAS, pollution at early stages of litigation if numerous
defendants produced the mostly identical chemicals allegedly
causing harm.
    He said the 6th Circuit's ruling incorrectly concluded he
did not sufficiently trace his harms to the companies and the
chemicals they produced, and said he provided enough evidence
for the case to proceed.
    “If the decision stands, the lesson is that companies should
conspire together to poison people with the same poison and none
of them can be held responsible,” Hardwick said.
    PFAS are a family of thousands of chemicals that have been
used in a wide range of products including non-stick pans and
clothing, and have been tied to cancer and other diseases.
    A 3M spokesperson said the company disagrees with Hardwick's
arguments. A Corteva representative did not immediately respond
to requests for comment on Tuesday.
    A three-judge panel had found Hardwick filed too broad a
complaint against the manufacturers, and had not shown that the
PFAS found in his body could be traced directly to the
defendants, noting there are potentially thousands of companies
that have manufactured PFAS.
    But Hardwick said that was not true, since there are just 10
companies that actually manufactured the specific PFAS at issue
in the case. While many other companies may have sold products
with the chemicals, each of the 10 defendants is ultimately
responsible for contaminating Ohio residents’ blood with those
PFAS, Hardwick said.
    PFAS are often referred to as forever chemicals because they
do not easily break down once released into the environment or
absorbed into the human body.
    The lawsuit seeks to establish a fund to monitor Ohio
residents for health impacts from PFAS exposure, and other
relief. It is among thousands that have been filed against 3M,
DuPont and others in recent years over alleged PFAS
contamination.
    3M agreed in June to pay $10.3 billion to settle hundreds of
claims the company polluted public drinking water with the
chemicals, while Chemours Co  CC.N  DuPont de Nemours  DD.N  and
Corteva reached a similar deal with U.S. water providers for
$1.19 billion.
    The U.S. Environmental Protection Agency has called PFAS an
“urgent public health and environmental issue," and has taken
steps to regulate PFAS, including in drinking water.
    The case is Hardwick v. 3M Co, 6th U.S. Circuit Court of
Appeals, No. 22-3765.
    For Hardwick: Robert Bilott, Aaron Herzig and William Braff
of Taft Stettinius & Hollister
    For the chemical companies: Theodore Grossman, Louis Chaiten
and James Saywell of Jones Day
    
    Read more:
    3M, DuPont defeat massive class action over forever
chemicals
  

 (Reporting by Clark Mindock)