Sullivan, et al. v. Saint-Gobain Performance Plastics Corporation.
Case No. 5:16-CV-125
United States District Court for the District of Vermont
A Settlement has been reached with Saint-Gobain Performance Plastics Corporation (“Saint-Gobain”) in a class action lawsuit by residents in the Bennington area alleging contamination of their property and drinking water with a chemical called Perfluorooctanoic Acid (“PFOA”). The Settlement provides:
- Money for property damages to people who: (1) owned residential real property in the Zone of Concern—an area of PFOA exposure defined by the Vermont Department of Environmental Conservation (DEC) in Bennington, North Bennington and some properties with a Shaftsbury address—on March 14, 2016; or (2) purchased residential real property after March 14, 2016, that was later added to the Zone of Concern (“Property Class”).
- Funding for a Court-Supervised Medical Monitoring Program for Exposure Class Members, providing free testing and monitoring that does not duplicate their current primary care for the early detection of certain diseases. You are an Exposure Class Member if you: (a) resided in the Zone of Concern on or before August 23, 2019; (b) ingested drinking water with PFOA in the Zone of Concern; and (c) have a blood serum test with a PFOA blood level above 2.1 parts per billion (“ppb”). If you meet these two criteria, but have not yet had a blood test, the Medical Monitoring Program will make one available to you free of charge within the first 180 days of the Program. If you are eligible, enroll in the Program, and complete the Initial Informational Survey and Screening Consultation, you will receive a $100 incentive payment.
- You may be a member of both the Exposure Class and the Property Class.
Read the Notice carefully. Your legal rights are affected whether you act or don’t act.
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YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT |
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SUBMIT A CLAIM FORM |
This is the only way you can get a payment or other benefits from this Settlement. |
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EXCLUDE YOURSELF FROM THE PROPERTY SETTLEMENT (“OPT OUT”) |
If you do, you will not get a payment for property damages. However, you would have the option of filing your own lawsuit against Saint-Gobain for the legal claims made in this lawsuit with your own attorney at your own expense. You may choose whether or not to participate in the Medical Monitoring Program, but you don’t need to opt out if you choose not to participate. |
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OBJECT TO THE SETTLEMENT |
Write to the Court with reasons why you do not agree with the Settlement. |
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GO TO THE FINAL APPROVAL HEARING |
You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing. |
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DO NOTHING |
You will not get a payment or other benefits from this Settlement, and you will give up certain legal rights. |
- These rights and options—and the deadlines to exercise them—are explained in the Notice.
- The Court overseeing this case still must decide whether to approve the Settlement.