A federal judge hearing the C8 liability cases ruled against DuPont’s objection to the trials scheduled in November and January.
DuPont sought an 11-month hold on all trial activities by vacation of the two trials to replace two bellwhether cases that were settled.
Chief Judge Edmund A. Sargus Jr. of the Southern District of Ohio in Columbus on Tuesday in denying the DuPont motion said the scheduling of the two trials will neither violate due process nor is an abuse of discretion.
“DuPont has been provided more than constitutionally adequate time to prepare for the two upcoming trials,” the order said.
C8 was once used by DuPont to make Teflon at the Washington Works Plant, which is now owned and operated by Chemours, a company spun off from DuPont in 2015.
The chemical has been linked to six diseases in humans. About 3,500 lawsuits alleging damages from a linked disease, the Leach class, are pending against DuPont with six of those considered bellwhether cases scheduled to be tried first.
The court, on Aug. 2, 2013, set the trial dates for the first two bellwhether cases and set the trial dates for the four remaining bellwhether trials. The court also scheduled 40 cases to begin in May 2017.
The first bellwhether trial in 2015 resulted in a $1.6 million award for Carla Marie Bartlett. The second bellwhether case resulted in a $5.1 million damage award and $500,000 in punitive damages for David Freeman.
DuPont settled two of the bellwhether cases.