Residents Reach $65M with Saint-Gobain, 3M, Honeywell Over Tainted Water Supply

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Residents of Hoosick Falls, New York, have reached a $65 million settlement with Saint-Gobain, 3M, and Honeywell to end a class action lawsuit accusing the companies of tainting the town’s drinking water with perfluorooctanoic acid.

The residents allege that a foam used at a water facility in the town contained PFOA chemicals, which seeped into the water supply and therefore into residents’ bodies, Law360 reports. 

The chemical is known for its longevity in the body and environment and can cause developmental and reproductive problems, increased risk of cancers in the liver and kidney, and immunological effects.

The contaminated water class action lawsuit was filed against Saint-Gobain and Honeywell, accused of handling PFOA chemicals, and 3M and E.I. DuPont de Nemours & Co., accused of manufacturing the cancer-linked substance. The proposed settlement does not include DuPont.

The contaminated water claim was broken into three property damage classes of residents who allege their water was contaminated to various levels and a fourth class of residents who had elevated levels of PFOA in their blood and called for medical monitoring from the companies, Law360 reports.

The McCaffrey Street water facility used a foam containing PFOA between 1967 and 2003, and the chemical was emitted into the air and groundwater polluting the area and residents’ blood, according to the contaminated water class action.

Honeywell was the former owner of the facility and Saint-Gobain is the current owner, and 3M and DuPont are linked to the manufacturing of the Teflon products that were used and knew about the health risks PFOA posed long before they told the public, the claim alleges.

Attorneys for the residents said in the motion for approval that earmarking the medical monitoring program — which will test and evaluate for diseases related to perfluorooctanoic acid exposure — was a win for residents.

“The settlement achieves an outstanding result in complex litigation that advanced the law and will provide class members with substantial monetary relief and a ten-year medical monitoring program,” the contaminated water motion said.

Around $22.8 million of the settlement fund will be distributed to the “Medical Monitoring Settlement Class.” The new program will provide monitoring services for 10 years and any remaining funds will be distributed across the settlement class on a pro-rata basis, according to the motion.

Stephen G. Schwarz, an attorney representing the residents, noted that the settlement “does not affect the rights of class members to sue for future illnesses caused by PFOA.”

Lawyers for the residents are asking for roughly $12.4 million.

Individual company contributions will remain confidential, according to a statement from 3M.

Tell us what you think about this settlement in the comments section!

Saint-Gobain Performance Plastics Corp. is represented by Sheila L. Birnbaum, Mark S. Cheffo, Bert L. Wolff, Rachel B. Passaretti-Wu and Lincoln Davis Wilson of Dechert LLP and Michael Koenig and Christopher Fenlon of Hinckley Allen. E.I.

DuPont de Nemours and Co. is represented by Robert G. Rooney of Shook Hardy & Bacon. 3M Co. is represented by Andrew J. Calica, Whitney A. Suflas, Craig A. Woods and Joshua D. Yount of Mayer Brown LLP.

Honeywell International Inc. is represented by Michael D. Daneker, Elissa J. Preheim, Jennifer R. Kwapisz and Robert T. Franciscovich of Arnold & Porter and Dale Desnoyers of Allen & Desnoyers LLP.

The plaintiffs are collectively represented by James J. Bilsborrow of Seeger Weiss LLP, Robin L. Greenwald of Weitz & Luxenberg PC, Stephen Schwarz and Hadley L. Matarazzo of Faraci Lange LLP and Gerald Williams of Williams Cedar LLC.

The Hoosick Falls Water Contamination Class Action Lawsuit is Michelle Baker et al. v. Saint-Gobain Performance Plastics Corp. et al., Case No. 1:16- cv-00917, in the U.S. District Court for the Northern District of New York.

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