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DuPont Responds to Spelter, W.Va. Lawsuit Rulings
Date:2/26/2008

Company Will Appeal to State Supreme Court

WILMINGTON, Del., Feb. 26 /PRNewswire-FirstCall/ -- The following statement is in response to the rulings in the Spelter, W.Va., zinc smelter class action lawsuit late Monday. The statement is to be attributed to DuPont General Counsel Stacey J. Mobley.

"We are extremely disappointed by the rulings in the Spelter case. DuPont will appeal this case, including the recent rulings and the earlier jury verdicts. We believe there were numerous errors, both during and after trial, that deprived the company of a fair outcome in this case. We are hopeful that the Supreme Court of Appeals of West Virginia will grant review.

"The scientific evidence simply does not warrant medical monitoring. We believe the evidence presented both at trial and in the post-trial proceedings shows that there is no increased risk of disease to the class members as a result of the smelter.

"The court's decision to include biennial chest CT scans in the medical monitoring program is particularly troubling. CT scans are not recommended for such medical monitoring because the risks of harm, including risks of cancer due to radiation exposure, outweigh any benefits. This determination is supported by a recent study published in the New England Journal of Medicine. The trial evidence showed that neither the U.S. Preventive Services Task Force, nor any other authoritative medical screening authority, recommends CT scans for screening asymptomatic patients. The court's rulings, which adopt a plan that includes regular CT scans, ignore the consensus of the medical community.

"The court also erred in estimating the cost of the medical monitoring program at $130 million. Plaintiffs' counsel presented a grossly inflated cost projection as justification for a larger award of attorneys' fees. This estimate is based on implausible and inflated assumptions and forecasts about medical costs and participation rates fo
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SOURCE DuPont
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