Petersburgh Contaminated Water $23M Class Action Settlement

Consumers nationwide who drank water that was supplied by the Petersburgh, New York, public water system, drank from a private well in Petersburgh, or own or rent a property in Petersburgh may be eligible for compensation in the form of a payment thanks to a recent $23 million water contamination lawsuit settlement resolving claims the water may have been polluted with perfluorooctanoic acid (PFOA).

Multiple Classes have been certified in the Petersburgh contaminated water settlement:

• Medical Monitoring Settlement Class: all individuals who have ingested water at a property that was supplied by the town’s public water system or from a private well in the Petersburgh in which PFOA has been detected, and who underwent blood serum tests that detected a PFOA level in their blood above 1.86 µg/L; or any natural child who was born to a female who meets and/or met the above criteria at the time of the child’s birth and whose blood serum was tested after birth and detected a PFOA level above 1.86 µg/L. This group is also referred to as the PFOA Invasion Injury Class.
• Town Water Property Damage Class: anyone who is or was an owner of real property and who obtains or obtained their drinking water from the town’s public water system and who purchased their property on or before Feb. 20, 2016. This group, together with the Private Well Property Damage Class, is also referred to as the “Property Settlement Class.”
• Private Well Property Damage Class: any individuals who are or were owners of real property in Petersburgh within a seven-mile radius of the defendant’s facility and who obtain or obtained their drinking water from a privately owned well contaminated with PFOA and owned that property at or around Feb. 20, 2016, when the contamination was discovered. This group, together with the Town Water Property Damage Class, is also referred to as the “Property Settlement Class.”
• Private Well Nuisance Class: all individuals who are or were owners or renters of real property in Petersburgh within a seven-mile radius of the defendant’s facility and who obtain or obtained their drinking water from a privately owned well contaminated with PFOA and occupied that property at or around Feb. 20, 2016, at the time the contamination was discovered.

The Town Water Property Damage Class and Private Well Property Damage Class do NOT include any real property in Petersburgh that, as of Feb. 20, 2016, was owned by Taconic (the “Taconic Properties”). 

Plaintiffs in the class action lawsuit allege the defendant — Tonoga Inc., doing business as Taconic — owns a facility that released PFOA into the town’s public water system and private wells. 

As a result, the plaintiffs say, people living and visiting the town unknowingly consumed contaminated drinking water. Further, the plaintiffs allege, the contaminated water negatively affected their ability to enjoy their properties and negatively affected property values.

PFOA is a man-made chemical used to manufacture products that are resistant to grease, heat, water, and sticking, according to the class action lawsuit.

Petersburgh, northeast of Albany, New York, is a town of around 1,372 people as of 2020, according to newyork-demographics.com.

Tonoga denies any wrongdoing and does not accept liability for the plaintiffs’ claims. Both the plaintiffs and the defendant have considered the risks and benefits associated with continuing to pursue litigation. Both parties believe the proposed settlement agreement provides a reasonable resolution.

Water Contamination Lawsuit Settlement Benefits

Eligible Class Members who file a claim will receive a payment and medical monitoring. 

The exact value of each Class Members’ payment will vary depending on which Class they fall into and the number of eligible individuals that file claims.

After attorneys’ fees and other costs are deducted, $4.41 million will be allocated to the Property Settlement Class, $4,031,250 to the Private Well Nuisance Class, and $8.55 million to the medical monitoring program.

Property Settlement Class Members will receive a proportionate payment using a formula that takes into account the full market value on the eligible property as determined by Petersburgh’s 2015 county assessment roll.

Private Well Nuisance Class Members will receive a payment that will be calculated by dividing the total number of valid nuisance claims by the settlement amount allocated to that Class.

The medical monitoring program allocation will be used to pay expenses related to medical monitoring, such as payments to physicians and labs. The program will begin after the water contamination settlement becomes final and will end either when the allocation has been exhausted or or when bills for services under the program incurred on or before the 15th anniversary of the date the settlement becomes final are paid.

Medical Monitoring Settlement Class Members who complete the Initial Informational Survey as well as Initial Screening Consultation within 12 months of the date the contaminated water lawsuit settlement becomes final will receive up to a $100 incentive payment. 

A final hearing in the Petersburgh contaminated water lawsuit settlement will take place March 21, 2022.

Class Members have a right to exclude themselves from the Class. By doing so, they will not be eligible to receive compensation, but they will retain the right to file future lawsuits against the Company regarding this matter. 

The deadline to file for an exclusion is Feb. 28, 2022.

Class Members who want to remain a part of the Class but don’t agree with the water contamination settlement have a right to file an objection with the court by Feb. 28, 2022.

Class Members who want to receive their fair share of the settlement must file a timely claim. If no action is taken, Class Members won’t receive a payment, but they’ll be bound by the terms of the settlement agreement.

The deadline to file a claim in the Petersburgh contaminated water lawsuit settlement is April 4, 2022.

Who’s Eligible

Multiple Classes have been certified in the Petersburgh contaminated water settlement:

• Medical Monitoring Settlement Class: all individuals who have ingested water at a property that was supplied by the town’s public water system or from a private well in the Petersburgh in which perfluorooctanoic acid (PFOA) has been detected, and who underwent blood serum tests that detected a PFOA level in their blood above 1.86 µg/L; or any natural child who was born to a female who meets and/or met the above criteria at the time of the child’s birth and whose blood serum was tested after birth and detected a PFOA level above 1.86 µg/L. This group is also referred to as the PFOA Invasion Injury Class.
• Town Water Property Damage Class: anyone who is or was an owner of real property and who obtains or obtained their drinking water from the town’s public water system and who purchased their property on or before Feb. 20, 2016. This group, together with the Private Well Property Damage Class, is also referred to as the “Property Settlement Class.”
• Private Well Property Damage Class: any individuals who are or were owners of real property in Petersburgh within a seven-mile radius of the defendant’s facility and who obtain or obtained their drinking water from a privately owned well contaminated with PFOA and owned that property at or around Feb. 20, 2016, when the contamination was discovered. This group, together with the Town Water Property Damage Class, is also referred to as the “Property Settlement Class.”
• Private Well Nuisance Class: all individuals who are or were owners or renters of real property in Petersburgh within a seven-mile radius of the defendant’s facility and who obtain or obtained their drinking water from a privately owned well contaminated with PFOA and occupied that property at or around Feb. 20, 2016, at the time the contamination was discovered.

Potential Award

Varies

Proof of Purchase

Property Settlement Class:

• If you have it, submit proof of ownership of your property. You may submit any of the following: a copy of the deed, a copy of a tax bill, another document showing ownership.
• If you have it, submit proof of your drinking water source and if it is a private well, any PFOA testing performed on your water source. Proof of drinking water source can include a water bill.

Private Well Nuisance Class:

• Submit a copy of well testing results if you have them.

Medical Monitoring Settlement Class:

• Submit a copy of your blood test along with the Claim Form.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

04/04/2022

Case Name

Burdick, et al. v. Tonoga, Inc., Case No. 00253835, in the State of New York
Supreme Court for the County of Rensselaer

Final Hearing

03/21/2022

Settlement Website

PetersburghPFOASettlement

Claims Administrator

Burdick, et al. v. Tonoga, Inc. Settlement Administrator,
P.O. Box 43502
Providence, RI 02940-3502
info@petersburghpfoasettlement.com
888-876-0855

Class Counsel

Stephen G. Schwarz
Hadley L. Matarazzo
FARACI LANGE LLP

James J. Bilsborrow
SEEGER WEISS LLP

Defense Counsel

Ann Marie Duffy
HOLLINGSWORTH LLP