DuPont offers $70M settlement in smelter case

By Kyla Asbury | Nov 23, 2010

CHARLESTON –- DuPont is offering to pay $70 million to settle a toxic exposure case in Harrison County involving a DuPont smelter.

The proposed settlement is pending approval in Harrison Circuit Court. It calls for DuPont to pay $70 million for clean-up costs and other costs and expenses associated with the litigation. It also establishes a limited medical monitoring program in which DuPont has agreed to provide periodic medical testing and medical check-ups to class members for 30 years to test for any possible effects from the Spelter facility.

"DuPont is pleased to reach an agreement that places our focus on the Spelter site and the community and not on lengthy and contentious legal proceedings," said Thomas L. Sager, DuPont General Counsel. "DuPont has had manufacturing operations in West Virginia for more than 80 years with a solid track record of investment, employment and community involvement.

"We remain committed to operating our facilities in the state consistent with our core values and continue to play a meaningful role in the economic future of West Virginia."

Under the settlement, an initial $4 million from the $70 million would be directed to an administrator to start the medical monitoring program.

The final hearing on the settlement is scheduled for Dec. 30 in the Harrison County courtroom of Circuit Judge Thomas Bedell.

Previously, DuPont lost the suit and was asked to spend $130 million on medical monitoring and $55 million to clean up properties under toxic exposure.

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