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Certain Fort Lauderdale residents may be able to take part in an $18 million class action settlement over medical and property damage claims related to the Lincoln Park incinerator, which allegedly caused environmental contamination.
Those who lived or owned property near the Lincoln Park incinerator between 1928 and the present, along with those who attended school in the area between 1960 and 2003, may be able to take part in the settlement.
Residents filed a class action lawsuit against the city of Fort Lauderdale, claiming the area surrounding the Lincoln Park complex had environmental contamination caused by an incinerator. The plaintiffs claimed levels of arsenic, dioxin and other contaminants were elevated in residential areas around the park.
According to the class action lawsuit, the environmental contamination began as early as 1920 and continued into the 1950s. Allegedly, the city of Fort Lauderdale operated the Lincoln Park incinerator during this time. The city allegedly disposed of ash from the incinerator into the incinerator site itself, then transported contaminated materials to the area where Lincoln Park was later built.
The plaintiffs claimed they and other residents were exposed to elevated levels of arsenic and dioxin because of the improper handling of the incinerator ash by the city of Fort Lauderdale.
For its part, the city says the levels of environmental contaminants do not present a risk to human health; however, the city has agreed to pay $18 million to end the litigation.
There are several Classes of individuals who may be able to make a claim in the environmental contamination class action settlement.
Those who currently own residential property in the area surrounding Lincoln Park may be able to make a claim for property damage.
In addition, those who lived in the Durrs neighborhood for more than 10 years since 1928, attended Lincoln Park Elementary School or after-school programs between 1960 and 2003, or played in Lincoln Park while living or going to school in the Durrs neighborhood may qualify for medical monitoring under the terms of the class action settlement.
Class Members who make property damage claims may be entitled to an award of up to $750. Those who qualify for medical monitoring can obtain free access to exams or tests for diseases related to exposure to arsenic, dioxin or other contaminates.
Class Members that qualify for either property damage claims or medical monitoring may also make a claim for bodily injury.
Bodily injury claims cover Class Members who experience a medical diagnosis for adverse medical outcomes associated with exposure to environmental contamination. These claims will be reviewed by a court-appointed neutral administrator.
The deadline for Class Members to object to or opt out of the settlement has passed. A fairness hearing was held Nov. 17, 2020.
To make a claim for property damage, Class Members must submit a claim form online or by mail. The deadline for the property damage claim form is Feb. 16, 2021. Property damage claims must include proof of ownership, such as a copy of a utility bill, deed or property tax bill.
Those wishing to enroll in the medical monitoring program must also submit a claim form online or by mail. Medical monitoring claim forms are due Nov. 17, 2021. Medical monitoring claims must include proof, such as a school certificate, yearbook photo or declaration from a Class Member and a third party. An example of a declaration is available on the settlement website.
Claims for bodily injury may be made online or by mail. These claims are due within one year after the court approves the class action settlement.
Additional documentation to support a claim in this settlement may be necessary. A description of these items is available on the settlement website.
Who’s Eligible
There are several Classes:
- Individuals who currently own residential property in the area surrounding Lincoln Park
- Those who lived in the Durrs neighborhood for more than 10 years since 1928
- Those attended Lincoln Park Elementary School or after-school programs between 1960 and 2003, or played in Lincoln Park while living or going to school in the Durrs neighborhood
Potential Award
Varies.
- Those who currently own property in the Lincoln Park area can claim up to $750 in property damage.
- Those who lived, went to Lincoln Park Elementary School or played in Lincoln Park and/or its surrounding areas while living in the Durrs neighborhood can take part in a medical monitoring program.
- Those who are diagnosed with a disease or adverse medical event related to contaminants can make a claim for bodily injury.
Proof of Purchase
Property damage claims must include proof, such as a utility bill or deed.
Medical monitoring claims must include proof, such as a school certificate, yearbook photo or declaration from a Class Member and a third party. An example of a declaration is available on the settlement website.
Additional documentation to support a claim in this settlement may be necessary. A description of these items and when they are necessary is available on the settlement website.
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
For property damage: 02/16/2021
For medical monitoring: 11/17/2021
Case Name
Walter Hinton, et al. v. City of Ft. Lauderdale, Case No: 07-30358, and Ray Adderley, et al. vs. City of Ft. Lauderdale, CACE-11008499, both in the Circuit Court for the 17th Judicial Circuit in and for Broward County, Florida.
Final Hearing
11/17/2020
Settlement Website
Claims Administrator
Lincoln Park Complex Settlement
c/o Court-Appointed Neutral
229 S. Brevard St.
Suite 300
Charlotte, NC 28202
1-855-907-2127
Class Counsel
Reginald J. Clyne
QUINTAIROS, PRIETO, WOOD & BOYER PA
Louise R. Caro
NAPOLI SHKOLNIK PLLC
Defense Counsel
Alain Boileau
FORT LAUDERDALE CITY ATTORNEY
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4 thoughts onLincoln Park Incinerator Class Action Settlement
Please update my claim
When Will The OTHER Half of The Plaintiff get to know went They WILL Receive There Award.Please give me an update.Lincoln park settlement
Please let me know what is going on
I have file a claim but have heard from any source of to my status. Please assist me. I just received my transcript from the school board. To show I attended Lincoln park. My code ii JMGAEHVY