Settlement Structure: Claims Made
Active: OpenCase Summary:
This settlement resolves a class action against Tyco Fire Products, LP, Chemguard, Inc., and ChemDesign Products, Inc. by residents of the town of Pestigo, Wisconsin. The complaint alleged that the companies are responsible for releases of perfluorinated chemicals (PFAS), including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), into groundwater at the Fire Technology Center or the Stanton Street facility, which it alleged contaminated drinking water sources for private wells in a certain area. This, it claimed, led to losses in property value, damages from exposure to PFAS, and personal injuries.
Tyco has offered or been providing an alternative source of water to people in an area called the Study Area, which is smaller than the Class Area covered by this settlement. It is currently negotiating with the Wisconsin Department of Natural Resources about alternative sources of water. This settlement does not affect those negotiations or the water provisions in the Study Area.Docket Number:
Company: Tyco Fire Products, LP
Filing Deadline: October 6, 2021
Class Period: January 1, 1965 to December 31, 2020
Objection Deadline: March 29, 2021
Exclusion Deadline: September 3, 2021
Final Approval Hearing: May 24, 2021Proof of Purchase:
You must prove residency or ownership of property in the Class Area during the Class Period. A separate claim form and release must be filed by each owner or resident of the property. If you are making a personal injury claim, proof of your injury must also be provided.Eligibility:
You may be eligible if, between January 1, 1965 and December 31, 2020, you lived in or owned (a) property with a private well drinking water source (b) within the Class Area (c) for at least one year.
A map of the Class Area can be found at https://www.firefightingfoamsettlement.com/wp-content/uploads/2021/02/Peshtigo-Map-1.png.Typical Settlement Amount:
Benefits: (1) $11 million for loss of value of real property caused by PFAS in the drinking water. (2) $4 million for harm related to exposure to PFAS in drinking water. (3) $2.5 million for those who can prove they suffered from testicular cancer, kidney cancer, pregnancy-induced hypertension, ulcerative colitis, or thyroid disease. Amounts will be allocated to those with claims in each category.
Total Settlement Amount: $17.5 millionClass Representative Proposed Incentive Fee:
Napoli Shkolnik, PLLC
Taft Stettinius & Hollister, LLP
Case Name: Campbell v. Tyco Fire Products LP et al.
Settlement Website: Firefighting Foam Peshtigo, Wisconsin Settlement Website
Napoli Shkolnik PLLC
270 Munoz Rivera Ave, Ste 201
Hato Rey, PR 00918
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202-3957