Settlement Structure: Claims Made
Closed Settlement Statement:
According to court documents, the claim submission deadline has passed. Please contact the claims administrator if you have any questions.Case Summary:
Tonoga, Inc., which does business as Taconic, is spending more than $23 million to settle a class action alleging it owns a facility in the Town of Petersburgh, New York that released perfluorooctanoic acid (PFOA) that contaminated the Town Public Water System and private wells. The complaint alleged that residents of Petersburgh unknowingly consumers water that contained PFOA, that this gave them higher-than-normal concentrations of PFOA in their blood, has negatively impacted their ability to use and enjoy their properties, and increased the risk of certain illnesses.Docket Number:
Index No. 00253835
Company: Tonoga, Inc.
Filing Deadline: April 4, 2022
Objection Deadline: February 28, 2022
Exclusion Deadline: February 28, 2022
Final Approval Hearing: March 1, 2022Proof of Purchase:
Depending on the class you claim to be in, you will be asked to submit documentation, including proof of property ownership, proof of your drinking water source and, if it’s a private well, water testing results, and blood test results. For details, see the Claim Form at http://www.petersburghpfoasettlement.com/media/3640025/v6_tgk_sample_claimform_110521_final.pdf.Eligibility:
You may be eligible if you are in any of the following classes:
Medical Monitoring Class and PFOA Invasion Injury Class: Individuals who
- Ingested water at a property supplied by the town water system or by a private well in which PFOA was found, and
- Had blood serum tests that found a PFOA level in their blood above 1.86 µ/L, OR
- Any natural child born to a female who meets these criteria or met it at the time of the child’s birth, and
- Where the child’s blood serum was tested and found to have a PFOA level above 1.86 µ/L.
Property Settlement Class: Members of either of the following classes:
- Town Water Property Damage Class: All persons who are or were owners of real property and who get or got their drinking water from the Town Public Water System, and who bought their property on or before February 20, 2016. (Part of the Property Settlement Class)
- Private Well Property Damage Class: All persons who are or were owners of real property in Petersburgh, NY within a seven-mile radius of Taconic’s facility who get or got their drinking water from a private well contaminated with PFOA, and owned the property at or around February 20, 2016 when the contamination was discovered.
Private Well Nuisance Class: All persons who are or were owners of real property in Petersburgh, NY within a seven-mile radius of Taconic’s facility who
- Get or got their drinking water from a private well contaminated with PFOA, and
- Occupied that property at or around February 20, 2016 when the contamination was discovered.
The Town Water Property Damage Class and Private Well Property Damage Class do not include real property in Petersburg, NY that was owned by Taconic as of February 20, 2016. Also, owners (but not renters) of the Taconic Properties are excluded from the Private Well Nuisance Class.Typical Settlement Amount:
- Property Settlement Class: Portion of $4,410,000 distributed according to a plan of allocation.
- Private Well Nuisance Class: Equal share of $4,031,250.
- Medical Monitoring Class: Those who complete the Initial Informational Survey and Initial Screening Consultation within twelve months will receive a maximum $100 incentive payment. The Medical Monitoring Program will pay all expenses for medical monitoring, including to physicians, laboratories, and administration, until the $8,550,000 allocation has been used or until all bills on or before the fifteen-year anniversary of the settlement have been paid.
Total Settlement Amount: $23,464,362Class Representative Proposed Incentive Fee:
Faraci Lange LLP
Case Name: Burdick, et al., v. Tonoga, Inc. (d/b/a Taconic)
Settlement Website: Petersburgh, NY PFOA in Water Settlement Claim Form
KCC Class Action Services, LLC
Burdick, et al. v. Tonoga, Inc. Settlement Administrator,
P.O. Box 43502
Providence, RI 02940-3502