New CMO #28 Sets Path for AFFF Science Day
The latest Case Management Order (CMO) #28 outlines a schedule for both plaintiffs and defendants in AFFF (aqueous film-forming foam) lawsuits to identify and share scientific studies related to diseases allegedly caused by AFFF exposure, excluding those from contaminated water lawsuits. This schedule also paves the way for a pivotal “Science Day” event.
AFFF Science Day is a crucial component of these lawsuits, offering an educational platform for the MDL (Multi-District Litigation) judge to delve into the scientific and medical aspects of the cases. Experts from both sides present on topics like the foam’s chemical composition, potential carcinogenic effects, and epidemiological studies to ensure the judge is well-informed when making decisions related to expert testimony and other scientific evidence.
The process begins with plaintiffs listing diseases they link to AFFF exposure, followed by a series of deadlines for exchanging peer-reviewed articles supporting or disputing these disease associations. This leads up to the Science Day event, which, along with discussions on bellwether case selection, indicates that AFFF lawsuit trials are not expected in 2024.
