Settlement Structure: Claims Made
Active: OpenCase Summary:
This settlement resolves a class action against Tyco Fire Products, LP, Chemguard, Inc., and ChemDesign Products, Inc. that alleges that their chemicals contaminated private drinking water sources with perfluorinated chemicals (PFAS) in a certain portion of Peshtigo, Wisconsin. The settlement addresses claims of (1) loss of value to real property caused by the contamination of drinking water with PFAS, (2) exposure to PFAS in drinking water, and (3) certain personal injuries allegedly caused by PFAS in the drinking water.
Note that the settlement does not provide for the companies to supply alternative sources of drinking water for all properties in the area. However, if you do not opt out (exclude yourself) from the settlement, you will forfeit your right to sue the companies in a separate lawsuit. Those who own property in this area should carefully consider whether to opt out or not.Docket Number:
Company: Tyco Fire Products, LP
Filing Deadline: July 12, 2021
Class Period: January 1, 1965 to December 31, 2020
Objection Deadline: March 29, 2021
Exclusion Deadline: March 29, 2021
Final Approval Hearing: May 24, 2021Proof of Purchase:
Documentation or proof are required to make claims in this settlement. For more information, see the Claim Forms or other documents at the settlement website at https://www.firefightingfoamsettlementclaimform.com.Eligibility:
You may be eligible if you are a person who, between January 1, 1965 and December 31, 2020, lived at, currently own, or formerly owned (1) property with a private drinking well water source (2) within the affected area (bounded in the north by University Drive, in the South by Heath Lane, in the west by Roosevelt Road, and in the east by the Bay of Green Bay) within the Town of Peshtigo, Wisconsin, (3) for at least one year during the class period.
Class members who can provide proof they suffered from (1) testicular cancer, (2) kidney cancer, (3) pregnancy-induced hypertension, (4) ulcerative colitis, or (5) thyroid disease, allegedly due to PFAS in the drinking water, may be eligible for personal injury damages.
Note that if you are filing a claim for personal injury damages, your deadline may be as soon as June 21, 2021. The deadline for claims for property damages or exposure damages may be as soon as July 12, 2021.
If you participate in this settlement (that is, if you do not exclude yourself), you will release your right to sue Tyco or the other companies of the same subject, including for the purpose of obtaining an alternative water source. Class members whose wells have not yet been tested may request testing through the settlement, which will be paid for by Tyco. The results will not affect what you get through this settlement, but may affect your decision on whether or not to exclude yourself.Typical Settlement Amount:
The total settlement amount includes $11 million for loss of value to real property claims, $4 for alleged harm from exposure to PFAS in drinking water, and $2.5 million for the eligible personal injuries. Expenses, such as attorney fees and settlement administration, will come out of these amounts. The settlement is complex, and more information can be found in the documents at the settlement website.
Tyco has been providing alternative sources of water to some residents of the class area, but you should note that it is not planning to expand that process. Tyco is currently negotiating with the Wisconsin Department of Natural Resources and municipalities over the provision of other water sources, but nothing is guaranteed at the moment.
If you participate in this settlement (that is, if you do not exclude yourself), you will release your right to sue Tyco or the other companies of the same subject, including for the purpose of obtaining an alternative water source. Class members whose wells have not yet been tested may request testing through the settlement, which will be paid for by Tyco. The results will not affect what you get through this settlement, but may affect your decision on whether or not to exclude yourself. If you want your water tested, please request this immediately.
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, Chemguard Inc. and ChemDesign Products Inc.
Settlement Website: Firefighting Foam Water Contamination Settlement Website
PO Box 5855
Portland, OR 97228-5855