Judge Gergel Issues Case Management Order #28 in AFFF Cancer Lawsuit
Judge Gergel issued Case Management Order #28 in the AFFF Cancer Lawsuit, setting forth specific requirements for both plaintiffs and defendants in the multidistrict litigation (MDL) regarding AFFF firefighting foam.
Plaintiffs’ Obligations
Plaintiffs are required to provide all relevant peer-reviewed data and published studies linking AFFF firefighting foam exposure to liver cancer and thyroid cancer to the defendants.
Defendants’ Response
Defendants must submit relevant data and studies demonstrating the absence of a link between liver cancer or thyroid cancer and exposure to firefighting foam by May 1.
Joint Submission and Science Day
Both parties are expected to jointly submit all relevant data and peer-reviewed published studies to the Court. This submission will facilitate an efficient review by Judge Gergel, who will then schedule a science day in the AFFF firefighting foam MDL. During this non-adversarial proceeding, experts will present to the Court, and the Judge will question witnesses to gain a better understanding of the scientific evidence and any potential causal links or lack thereof.
