West Virginia-American Water Company Contamination Event Settlement

Settlement Structure: Claims Made

Active: Closed

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:

This settlement aims to resolve a number of different kinds of claims resulting from a contamination incident affecting over 200,000 residential and business customers of West Virginia-American Water Company. On January 9, 2014, the Freedom Industries tank farm near Charleston, WV experienced a chemical leak into the Elk River that contaminated water supplies and left users without tap water other than for toilet flushing or fire protection. Freedom Industries had obtained the chemical from Eastman, which is also a defendant in this case. The complaint claims that American Water and Eastman could have prevented the event with better precautions, better compliance with regulations, or reasonable care. Affected by the contamination were portions of nine counties (Boone, Cabell’s Salt Rock/Culloden area, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam and Roane) including more than 224,000 residents and 7,300 businesses. 

Docket Number:


Company: West Virginia-American Water Company

Filing Deadline: February 21, 2018

Class Period: January 9, 2014

Objection Deadline: December 8, 2017

Exclusion Deadline: December 8, 2017

Final Approval Hearing: January 9, 2018

Proof of Purchase:

Yes, you must document your place of residence or business, as well as claims for specific expenses, such as medical or property damage expenses, and lost wages.


You may be eligible if you were a member of any of the following groups:

  • Residences: Any person living in a residence that received tap water from West Virginia-American’s Kanawha Valley Water Treatment Plant (KVTP) on January 9, 2014.
  • Businesses: A business operating at a location that received tap water from West Virginia-American’s KVTP on January 9, 2014.
  • Wage earners claiming for lost wages: A person employed on January 9, 2014 at hourly wages at a business that was shut down or partially shut down as a result of the contamination incident.

Government entities may also make claims.

Additional payments may be requested for such things as spoiled food, supplies of bottled water, lost inventory, property damage expenses, medical expenses, and pregnancies. The end of the period for which claims may be made varies according to the nature of the claim.

See the Notice or the settlement website for a map of the affected areas and further information.

Typical Settlement Amount:

Varies, with three mechanisms for determining payment: (1) Simple Claim Form Option, with set payments for residences and businesses, (2) the Individual Review Option, offering reimbursement of documented losses, and, if funds are left over, (3) the Check Distribution Process, which will offer set payments to residential customers who have not made claims.

Total Settlement Amount: Up to $101 million from West Virginia-American; up to $25 million from Eastman

Class Representative Proposed Incentive Fee:


Law Firms:
Bonnett Fairbourn Friedman & Balint
The Calwell Practice LC
Thompson Barney

Claim Form: West Virginia Water Contamination Settlement Claim Form

Case Name: Good v. West Virginia-American Water Company

Settlement Website: West Virginia Water Contamination Settlement Website

Claims Administrator:
Smith, Cochran & Hicks, LLC

Claims Administrator Contact Information:

WV Water Settlement Administrator
P.O. Box 4227
Charleston, WV 25364

Tags: Contaminated Water/Groundwater, Environmental