DuPont Will Appeal Loss of Big Lawsuit

CHICAGO — DuPont says it will appeal a $39-million award to a man who contended that the use of a drug made by the company led to the amputation of his legs.

A Circuit Court jury made the award Wednesday to George Chelos, 68, Park Ridge, whose legs were amputated after he developed a skin irritation following a double coronary artery bypass operation in 1977.

The drug, Coumadin, was given to Chelos after surgery to prevent blood clotting, and Chelos contended that it caused his leg muscles to deteriorate so badly that both legs had to be amputated below the knees.

The jury’s verdict included $26 million in punitive damages awarded because DuPont allegedly failed to inform the federal Food and Drug Administration and the U.S. medical profession about potential dangers of the drug.

Such punitive damages, if not reversed or lowered on appeal, are not covered by insurance and would have to be paid out of company earnings.

H. L. Richardson, vice president of biomedical products at DuPont, based in Wilmington, Del., said in a statement:

“For 32 years, Coumadin has been a life-saving drug. There is no adequate substitute for it as an anti-coagulant, and more than 750,000 patients are being treated at any one time worldwide.

“DuPont believes that Coumadin did not cause the plaintiff’s injury. We believe the assessment of damages to be grossly inappropriate. We intend to appeal the case.”