Frequently Asked Questions

  1. Medical Monitoring Program Frequently Asked Questions
  2. Why is the Notice being provided?
  3. What is this lawsuit about?
  4. What is a class action and who is involved?
  5. Why is there a Settlement?
  6. How do I know if I am part of the Settlement?
  7. Are there exceptions to being included in the Settlement?
  8. What if I’m still not sure I’m included in either Class?
  9. What does the Property Settlement provide?
  10. How much will Property Class members receive?
  11. How does the Medical Monitoring Program work?
  12. How do I get a Property Settlement payment?
  13. How do I participate in the Medical Monitoring Program?
  14. What am I giving up to get a Property Settlement payment, or participate in the Medical Monitoring Program?
  15. Do I have a lawyer in this case?
  16. How will Class Counsel be paid?
  17. How do I opt out of the Property Settlement?
  18. If I previously opted out of the Property Class, can I revoke my opt out and receive a payment?
  19. How do I tell the Court I do not agree with the Settlement?
  20. May I come to Court to speak about my objection?
  21. What is the difference between objecting to the Settlement and asking to be excluded from it?
  22. When and where will the Court decide whether to approve the Settlement?
  23. Do I have to come to the hearing?
  24. What happens if I do nothing at all?
  25. How do I get more information?
  1. Medical Monitoring Program Frequently Asked Questions

    What is Medical Monitoring?

    Medical monitoring is a form of medical surveillance, providing regular checkups and repeated (noninvasive) testing, designed to detect potential changes in a patient that could indicate the need for further investigation.

    This Medical Monitoring Program, or MMP, was created as part of the Class Action settlement between St. Gobain Performance Plastics (SGPP) and claimants who drank water contaminated with perfluorooctanoic acid (PFOA), in and around Bennington, Vermont.  The MMP is designed to last for 15 years.

    Do I have to participate in the program?

    No, program participation is completely voluntary.  However, in order to be eligible for the initial MMP incentive payment of $100, you must participate in the MMP’s first round of testing. 

    When will testing begin?

    You will receive a letter from the Medical Monitoring Administrator on how to schedule your appointment once testing begins.

    How can I schedule a time for testing?

    You will receive a letter from the Medical Monitoring Administrator on how to schedule your appointment.  You can also call the Medical Monitoring Administrator’s office at 1-877-229-1937, and they can assist you in scheduling your appointment.

    Where do I go to get tested?

    Testing will be conducted at Southwestern Vermont Medical Center, COVID Resource Center, 982 Mansion Drive, Bennington, VT 05201 (but if you live more than 50 miles from Bennington, special arrangements will be made to accommodate your testing).

    What does the Medical Monitoring Program Provide?

    The Program provides an annual survey, a limited physical examination, and clinical laboratory tests directed at useful “biomarkers” of disease processes known to be altered by exposure to PFOA.  There is also an initial measurement of blood serum PFOA and follow up blood serum tests every two years.

    It is important to note that all screening measures are optional, and while we recommend full participation, a program participant can always opt out of any portion or all of the examination, as well as any testing.

    What Health Conditions Will Be Monitored in this Medical Monitoring Program?

    • Breast feeding (women only)
      • Optional one-time consultation per pregnancy with a physician to discuss concerns about breast feeding
    • Cancer
      • Kidney cancer
      • Testicular cancer (men only)
    • Hypertensive disorders related to pregnancy (women only)
      • One-time consultation per pregnancy with a physician for hypertension associated with pregnancy (also known as preeclampsia and eclampsia)
    • Lipid abnormalities - cholesterol level
    • Liver function abnormalities
    • Thyroid disease
    • Ulcerative colitis
    • Uric acid abnormalities
      • Hyperuricemia
      • Gout


    Will I Have to Fill Out Paperwork?

    Yes. Each participant in the Medical Monitoring Program, or MMP, will be asked to complete an Initial Informational Survey and an Annual Informational Survey. The Initial Informational Survey will be provided after you have made an appointment for your initial screening consultation and must be completed before your initial screening appointment. The Annual Informational Survey with be provided after you have made your yearly surveillance consultation appointment and must be completed before your yearly appointment.

    What Types of Tests Will I Undergo?

    Upon your consent, you will undergo a physical examination.  The MMP health care provider will obtain your height, weight, and blood pressure, and will calculate your body mass index (BMI). Program participants will also undergo a blood draw and urine collection. If you are pregnant, you can also receive additional counseling for pregnancy-associated hypertension, including blood pressure evaluation. For male patients, age fifteen or older, scrotal evaluations for testicular cancer are also an optional part of the screening. Again, it is important to note that all screening measures are optional, and a participant can opt to decline any portion or all of the examination as well as any testing.

    Will My Blood Be Tested for PFOA?

    Yes. Upon your consent, each program participant will have his or her blood tested at the initial screening consultation for total blood serum PFOA. After the initial blood serum PFOA test at the initial screening appointment, each participant will have his or her blood tested for PFOA will be tested every two years, for the duration of the medical monitoring program.

    Do I need to fast before I get my blood drawn?

    No. One of the tests for lipids can be slightly more accurate when you are fasting.  However, you do not need to fast in order to participate.

    Who Will Pay for the Examination and Testing?

    All testing and examinations in the Medical Monitoring Program are paid for by SGPP, as part of the Class Action settlement. You do not need to pay for any of the examinations or any of the testing you undergo, as part of the MMP.

    What Happens if I Get An Abnormal Test Result or an Abnormal Exam Finding?

    You will be provided with any abnormal test results and exam findings. If you get an abnormal test result or an abnormal exam finding and you consent, it will be sent to your primary care physician who can then work with you to determine the appropriate follow up, including referrals to specialists.

    Will the program cover my follow up Doctor’s appointments and care if I become sick?

    NO. The Medical Monitoring Program only provides for annual medical monitoring over the course of 15 years. The cost of any specific follow up care is not covered by the settlement, or by MMP.

    Will the Medical Monitoring Program Maintain A Medical Record for Me and Will It Be Protected?

    Yes.  All records will be maintained by Southwestern Vermont Medical Center, in accordance with the recordkeeping practices of the facility, and state and federal laws. No health information shall be disclosed to anyone by the Medical Monitoring Program, or anyone who provides any service as part of the Program, to anyone other than to you, and to the Medical Monitoring Administrator, and then only to the extent it is required for him/her to fulfill obligations as Administrator. You will always be able to request and obtain your medical record.

    Will the Data from the Medical Monitoring Program Be Reported?

    Yes, but not in a way that will disclose anyone’s personal health information.  The Medical Monitoring Administrator will collect data for you, and other MMP participants, in the form of an anonymous Annual Participant Report. This Annual Report will contain no names, and will provide only MMP participation rates, and the median, mean and average serum PFOA blood levels of participants as a whole in a given reporting year, as well as the percentage changes in blood levels since the prior reporting year.

    How long will the Medical Monitoring Program last?

    The Bennington Medical Monitoring Program will last for 15 years.

    How often will the testing be offered?

    The MMP physical examination is offered every year, while the PFOA serum blood testing is only offered every two years.

    Will I receive a reminder each year to schedule for testing?

    Yes.  You will receive a reminder letter from the Program every year to schedule your Medical Monitoring Appointment.

    If I do not participate in the testing one year, will I lose my eligibility to participate in the Program?

    No.  You are eligible to participate in the Program for the duration of the Program.  If you choose not to test during some of the periods, you are eligible for testing during the remaining periods.

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  2. Why is the Notice being provided?

    The Court directed that the Notice be provided because you have a right to know about a proposed Settlement reached in this class action lawsuit, and all of your options, before the Court decides whether to grant final approval to the Settlement. The Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them.

     The Court in charge of this case is the United States District Court for the District of Vermont. The case is known as Sullivan, et al. v. Saint-Gobain Performance Plastics Corporation, No. 5:16-cv-125, United States District Court for the District of Vermont. The Honorable Judge Geoffrey W. Crawford is overseeing this action. 

    The people who filed the lawsuit are called Plaintiffs. The company they sued, Saint-Gobain, is called the Defendant. This Settlement is between Plaintiffs and the Defendant.

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  3. What is this lawsuit about?

    For several decades, Chemfab Corporation, owned by Saint-Gobain since 2000, manufactured coated fabric and other products in North Bennington and Bennington using a compound called Ammonium Perfluorooctanoate (“APFO”). Plaintiffs allege that the use of APFO at these plants resulted in the release of Perfluorooctanoic Acid (“PFOA”) into the environment, contaminating the soil and groundwater in the Zone of Concern in and around Bennington and North Bennington, as delineated by the Vermont DEC (Please see the map here).

     PFOA is classified as a hazardous material in Vermont due to its potential health risks and persistence in the environment, and the State has set a limit on how much PFOA can be in drinking water.

     The Property Class seeks to hold Saint-Gobain liable for the PFOA contamination in the Zone of Concern and to recover money compensation for property damages. More information on who is included in the Property Class is available on page 2-3 of the Notice.

     The Exposure Class alleges that people who drank PFOA-contaminated water, and have levels of PFOA in their blood above 2.1 ppb, should be able to have testing and monitoring that does not duplicate their current primary care for the early detection of certain diseases. More information on who is included in the Exposure Class is available on page 3 of the Notice.

     More information on the potential health and environmental effects of PFOA can be found at the Vermont DEC’s website at https://dec.vermont.gov/pfas. You can read important court filings, including the Plaintiffs’ Complaint, on the Case Documents tab of this website.

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  4. What is a class action and who is involved?

    In a class action lawsuit, one or more people called “Class Representatives” sue on behalf of other people who have similar claims. In this case, the Class Representatives are James D. Sullivan, Leslie Addison, Ronald S. Hausthor, Gordon Garrison, Ted and Linda Crawford, and Billy J. Knight, property owners in the Zone of Concern.  All other unnamed people who are represented in the lawsuit (possibly including you) are members of the “Class” or “Class Members.” One court presides over and resolves the claims for everyone in the Class (except those who chose to exclude themselves). That court is the U.S. District Court for the District of Vermont in Rutland, Vermont, which certified two classes (Property Class and Exposure Class) on August 23, 2019.

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  5. Why is there a Settlement?

    There has not yet been a trial, and neither the Court nor a jury has decided the question of Saint-Gobain’s liability for the PFOA contamination. The Class Representatives, with the advice of Class Counsel, and Saint-Gobain have agreed to the terms of this Settlement to avoid the cost, delay and uncertainty that come with further litigation and trial. The Class Representatives and Class Counsel think the Settlement is the best option for Class Members because it provides certain relief now. The agreement to settle is not an admission of liability by Saint-Gobain, and Saint-Gobain disputes the claims asserted in this case.

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  6. How do I know if I am part of the Settlement?

    The Court has certified two classes in this action: (1) a Property Class and (2) an Exposure Class. In order to be included in the Settlement, you must be a member of one of these classes. The benefits available to you in the Settlement will depend upon which class you are a member of (you may be a member of both classes).

     1. Property Class: You are a member of the Property Class if:

         1) You are a natural person (not a corporation); and

         2) You:

                (a) Owned residential real property in the Zone of Concern on March 14, 2016; OR

                (b) Purchased residential real property after March 14, 2016, that was subsequently added to the Zone of  Concern. 

     The “Zone of Concern” is defined by the Vermont DEC to include portions of the Towns of Bennington, North Bennington, and Shaftsbury, Vermont.  You may view the Zone of Concern on a map here; the map is also Exhibit B to the Class Settlement Agreement, a copy of which is available at on this website. 

     Property Class Members include people who receive water from the municipal water supply as well as people who use private wells (even if your well is or was not contaminated with PFOA or has or had low levels of PFOA). 

    You are also included if you purchased vacant land after March 14, 2016, and it was subsequently added to the Zone.

     2. Exposure Class: You are a member of the Exposure Class if: 

        1) You resided in the Zone of Concern on or before August 23, 2019;

        2) You ingested water with PFOA in the Zone; and

        3) You have a blood serum test showing a PFOA blood level above 2.1 ppb.

     If you meet the first two criteria, above, 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. 

    3. Can I be a member of both classesYes, if you meet the requirements of both Classes.

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  7. Are there exceptions to being included in the Settlement?

    Yes. The Property Class ONLY includes people who own real property. It does NOT include renters, guests, or visitors. 

    The Property Class does NOT include businesses or commercial entities.  It does not include legal entities, such as corporations, not-for-profits, or governmental entities, who are not “natural persons.”  In other words, Class Members must be human beings.  If you run a business out of your residence, you are included; however, you are still only entitled to the types of damages discussed under question 9 below. 

    If you bought your property AFTER March 14, 2016, you are NOT included, unless your property was subsequently added to the Zone of Concern by the Vermont DEC.  If you own an apartment building or multi-unit dwelling and rent it out, you are NOT included.

    If you own a mobile home and NOT the land it sits upon, you are NOT included.  But if you owned a mobile home as of March 14, 2016 AND the land it sits upon in the Zone, or purchased the land after March 14, 2016 before it was added to the Zone of Concern, you are included.

    Only current or past residents of the Zone of Concern are eligible for membership in the Exposure Class. Guests and visitors are NOT included. 

    If you have filed a personal injury lawsuit for an illness alleging that it was caused by Saint-Gobain’s PFOA, you are NOT included.

    If you are the legal representative, officer, director, successor or assignee of Saint-Gobain, you are NOT included.  If you are a member of the immediate family of Judge Crawford or any other judicial officer assigned to this case, you are NOT included.  If you are a member of the immediate family of any of the attorneys representing Plaintiffs, you are NOT included.

    If you have already opted out of the Property Class, after receiving the initial Notice of Class Action, you are not included in the Settlement, but you may revoke your opt out and become a Class Member (see question 18 below).

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  8. What if I’m still not sure I’m included in either Class?

    If you are still unsure whether you are included in either Class, you can get free help on this website, by calling 866-726-3778, or by email to [email protected]

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  9. What does the Property Settlement provide?

    The Settlement provides a total Property Settlement Fund of $26,200,000 (Twenty-Six Million Two Hundred Thousand Dollars), to provide property damages to owners of over 2,200 properties (Property Class).  Property damages include payment for diminished property value, lost use and enjoyment of property, and upset, aggravation and inconvenience alleged to be caused by the PFOA contamination and, for those connecting to town water, payment for some of the costs of town water. After deducting attorneys’ fees and costs, service awards for Class Representatives, and the costs of administration, the rest of the Settlement Fund will be divided among Property Class Members. The division will be based on the value of each property as of March 14, 2016, and will assign different percentages for compensation, depending upon the type of property, its water supply and, if supplied by a well, the level of PFOA contamination in the well water.  One payment will be made for each eligible property, and payment will be paid to the owner or owners of the property. This process has been reviewed for fairness by a neutral Special Master and has been preliminarily approved by Judge Crawford.

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  10. How much will Property Class members receive?

    The allocation method proposed by Class Counsel and preliminarily approved by the Court will be based upon the Grand List assessed value of each property as of March 14, 2016, and will utilize different percentages of that value for compensation depending upon the category of the property with regard to its water supply and the level of PFOA contamination of groundwater on the property.  The allocation will be by individual property, and one payment will be made for each eligible property and will be paid to the owners of the property.  Depending on the Grand List value of your property, and subject to Court approval the proposed allocations will take into consideration the following criteria:

    a. Property is vacant and has neither a well nor spring and has not been connected to municipal water supply;

    b. Property was connected to a municipal water supply prior to March 2016 and continues to be connected;

    c. Property relied on one or more wells or springs for domestic water supply prior to March 2016, determined to contain less than 20 parts per trillion (“ppt”) PFOA, and a municipal water supply may have been provided;

    d. Property relied on one or more wells or springs for domestic water supply prior to March 2016, determined to contain greater than 20 ppt PFOA, and a municipal water supply has been or will be provided; and

    e. Property relied upon one or more wells or springs for domestic water supply prior to March 2016, determined to contain greater than 20 ppt PFOA, and the property has been determined unfeasible for connection to a municipal water supply.

    f. Property Class Members who resided on their property as of March 2016 will also receive an additional payment for upset and inconvenience, depending on the category of their property as set out in paragraphs b.– e. 

    g. Property Class Members in the categories in paragraphs c. – d. may also receive payment for a portion of their added costs of paying for municipal water.

     The calculations used to determine payments for each property category are as follows: 

    1. Vacant Property                Payment = property value X 0.016
    2. Mun. Water                       Payment = (property value X 0.016) + up to $2,000
    3. Well <20 ppt                      Payment = (property value X 0.027) + up to $9,000
    4. Well >20 ppt                      Payment = (property value X 0.055) + up to $14,000
    5. Well >20 ppt, Unfeas.        Payment = (property value X 0.11) + up to $20,000

     

    Property Class Members can call the office of Class Counsel, David Silver (802-442-6341), for additional information on their approximate payments.      

    In addition, payments not claimed by Property Class Members will be reallocated to eligible Class Members, so that all Settlement Funds will be awarded to eligible Property Class Members. So, you may receive a second payment based on the amount of your first payment.

    If your well has not been tested for PFOA and you would like to have it tested, or you would like to have your well retested for PFOA, you should contact the Vermont Department of Conservation (DEC) (802-249-5620) for assistance; or you may arrange to have your own well tested by a laboratory certified by the State for PFOA testing (call DEC to confirm laboratory certification). Any new test results received by the Effective Date of the Settlement will be considered in the allocation of the Property Settlement to eligible Class Members.

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  11. How does the Medical Monitoring Program work?

    The Settlement creates a Court-Supervised Medical Monitoring Fund of up to $6,000,000 (Six Million Dollars).  This will fund a 15-year Medical Monitoring Program, to provide Exposure Class Members who choose to participate with free testing and monitoring that does not duplicate their current primary care for the early detection of certain diseases.  The Program will be conducted at the Occupational Health Clinic of Southwestern Vermont Medical Center (“SVMC”), in Bennington, Vermont.  People living outside the Bennington area will be able to participate remotely. Program participants will fill out questionnaires, consult with a Program physician, and get specific blood and urine tests. For those who have not yet had a PFOA blood serum test, the Medical Monitoring Program will make one available to them free of charge within the first 180 days of the Program.  Attorneys’ fees and costs for the Program will be paid separately by Saint-Gobain. If money remains in the Medical Monitoring Program at the end of the 15-year period, the money will revert to Saint-Gobain.

    Eligible Exposure Class Members who enroll in the Program will also receive a $100 incentive payment, to be paid by Class Counsel.

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  12. How do I get a Property Settlement payment?

    To qualify for a Property Settlement payment, you must complete and submit a Claim Form within 125 days after the Court finally approves of the Settlement. The date will be posted on this website. You may complete and submit your Claim Form as soon as January 18, 2022 online OR email a completed Claim Form to [email protected] OR mail a completed Claim Form to Sullivan v. Saint-Gobain Performance Plastics Corporation Settlement Administrator, PO Box 43434. Providence, RI  02940-3434. Claim Forms are available to download on this website and also available by calling 866-726-3778 or by writing to the Settlement Administrator at [email protected]

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  13. How do I participate in the Medical Monitoring Program?

    To qualify for the Medical Monitoring Program, you must complete and submit a Claim Form within 125 days after the Court finally approves of the Settlement. The date will be posted on this website. You may complete and submit your Claim Form, which includes eligibility questions, as soon as January 18, 2022, on this website OR email a completed Claim Form to [email protected] OR mail a completed Claim Form to Sullivan v. Saint-Gobain Performance Plastics Corporation Settlement Administrator, P.O. Box 43434, Providence, RI 02940-3434, Claim Forms are available to download on this website and also avialable by calling 1-866-726-3778 or by writing to teh Settlement Adminsitrator at [email protected] If you require a blood test to determine whether you have a PFOA level of over 2.1 ppb, you must get a blood test within the frst 180 days of the Medical Monitoring program, which will be provide free of charge.

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  14. What am I giving up to get a Property Settlement payment, or participate in the Medical Monitoring Program?

    If you stay in the Settlement (i.e., do nothing, or do not exclude yourself), you give up your right to hire your own attorney and sue Saint-Gobain on your own for the claims made in this lawsuit or about the legal issues resolved by this Settlement.

    The Court will hold a Final Approval Hearing on April 18, 2022, to decide whether to approve the Settlement. If approved, there may be appeals. Settlement payments will be distributed, and the Medical Monitoring Program will begin, as soon as possible after the Court grants final approval to the Settlement, and after any appeals are resolved.

    Unless you exclude yourself, you will be bound by the terms of the Settlement. If the Settlement is approved and becomes final, all the Court’s orders will apply to you, including the Court’s final order dismissing the Class Action. 

    If you wish to receive a Property Settlement payment, or participate in the Medical Monitoring Program, you will be required to sign a Release, releasing Saint-Gobain from any and all past, present, and future claims and causes of action, including without limitation causes of action and/or relief created or enacted in the future, that were or could have been asserted in this action, arising out of or related to, either directly or indirectly or in whole or in part, the Released Claims.  The “Released Claims” include those relating to:

    i) The subject matter of any allegations contained in the Third Amended Complaint in this case, any allegations otherwise asserted in this action, or the subject matter of any discovery obtained in the action;

    ii) The alleged presence of Per-and Polyfluoroalkyl substances (“PFAS”) (including PFOA) in drinking water or the environment (including but not limited to in air, groundwater, surface water, municipal water, private well water, or soil) within Bennington or North Bennington and/or the Zone of Concern;

    iii) The sale, purchase, use, handling, transportation, release, discharge, migration, emission, spillage, or disposal of PFAS (including PFOA) to, at, or from a Facility in or near Bennington or North Bennington, including any such PFAS (including PFOA) present as a result of disposal at or discharge to, directly or indirectly, any landfill, sewage system, water treatment facility, or any other location in and around Bennington or North Bennington, and/or resulting in any alleged exposure of any class member to PFAS (including PFOA) through drinking water, inhalation, dermal contact, or otherwise;

    iv) For any type of relief with respect to the acquisition, installation, maintenance, operation, or presence of, including the cost or purported inconvenience or loss of enjoyment of, property associated with whole-house filters, point-of-entry (POET) filters, point-of-use filters, municipal water, private well water, bottled water, alternative water supplies, or remediation;

    v) For property damage or property-value diminution, including without limitation stigma, purportedly attributable to the alleged presence of PFAS (including PFOA) in any municipal water system or any private well, or in the air, groundwater, surface water, municipal water, private well water, or soil in or around Bennington or North Bennington and/or the Zone of Concern and/or

    vi) Based on PFAS (including PFOA) in the blood or tissue of any class member.

    However, the “Released Claims” DO NOT include any future personal injury claims for any class member or any other person arising out of alleged exposure to chemicals from Saint-Gobain’s Facilities that are the subject of this action. The “Released Claims” ALSO DO NOT include any of Saint-Gobain’s duties and obligations contained in the Consent Order and Final Judgment Order of May 23, 2019, in the case of State of Vermont, Agency of Natural Resources v. Saint-Gobain Performance Plastics Corp., Vt. Sup. Ct., Bennington Unit, No. 9Z-419.

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  15. Do I have a lawyer in this case?

    Yes. The Court appointed the following attorneys as Class Counsel, to represent you and other Class Members:  David F. Silver of Barr, Sternberg, Moss, Silver & Munson, P.C. of Bennington, Vermont; Emily J. Joselson of Langrock, Sperry & Wool, L.L.P. of Burlington and Middlebury, Vermont; and Gary A. Davis of Davis & Whitlock, P.C. of Asheville, North Carolina. These lawyers and their firms are experienced in handling similar cases. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

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  16. How will Class Counsel be paid?

    As part of the final approval of this Settlement, Class Counsel will ask the Court to approve payment of their reasonable attorneys’ fees and expenses for their work in this case. Class Counsel will request attorneys’ fees and expenses through a motion filed with the Court before the date of the Final Approval Hearing, and before the deadline for Class Members to file their objections.  Class Members will receive reasonable notice of the motion and will have the opportunity to object. The motion will also be made available on this website.

    The Court will decide if Class Counsel’s request for attorneys’ fees and expenses is appropriate. Any award of attorneys’ fees and costs for the Exposure Class Settlement will be in addition to the Medical Monitoring Program Payments and will not reduce the amount Saint-Gobain has agreed to pay for the Program. Any award of attorneys’ fees and expenses for the Property Class Settlement will be paid from the Total Property Settlement.

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  17. How do I opt out of the Property Settlement?

    To exclude yourself from the Property Settlement, you must send a letter by mail stating

    1) You want to be excluded from Sullivan, et al. v. Saint-Gobain Performance Plastics Corporation, No. 5:16-cv-125,

    2) Your full name, current address and telephone number,

    3) The facts that prove you are a Property Class Member, and

    4) Your signature.

    You must mail your exclusion request postmarked no later than February 2, 2022 to: 

    Sullivan v. Saint-Gobain Performance Plastics Corporation Settlement Administrator
    PO Box 43434
    Providence, RI  02940-3434

    If you are a Property Class Member and you submit a timely and valid exclusion request for property you own jointly with others, all others owning the property will also be considered to have submitted a timely and valid exclusion request.

    Saint-Gobain has the right to terminate the Property Settlement if a certain percentage of Property Class Members exclude themselves from the Settlement. If this occurs, the Settlement will be terminated, and no Class Member will receive any payment.

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  18. If I previously opted out of the Property Class, can I revoke my opt out and receive a payment?

    Yes.  If you already opted out of the Property Class when you received the initial Class Notice, you may still participate in the Property Class Settlement and receive money from this Settlement by revoking your prior opt out.  If you previously opted out, you will receive a separate letter from Class Counsel with a Revocation Form, which you must complete and submit to Class Counsel by February 2, 2022.

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  19. How do I tell the Court I do not agree with the Settlement?

    If you are a Property or Exposure Class Member, you can object to the Settlement if you do not agree with it or a portion of it. The Court will consider your views. You must send a letter by mail stating:

    1) Your full name, current address, and telephone number;

    2) A statement of facts that indicate you are a Property or Exposure Class Member;

    3) Your objections and the reasons for them;

    4) Copies of any papers or evidence to support your objections;

    5) Whether you plan to appear at the Final Approval Hearing;

    6) That you are willing to have your deposition taken, upon request, on a mutually acceptable date at least 10 days before the Final Approval Hearing;

    7) A list containing the case name, court, and docket number of any other class action settlements you or your counsel have objected to in the past five (5) years, with a copy of all orders related to or ruling on those objections;

    8) All written and verbal agreements between you, your counsel or any other person related to your objection; and

    9) Your signature.

    Your objection must be mailed to the Court, to Class Counsel and Saint-Gobain’s Counsel and postmarked no later than February 2, 2022. The addresses to which objections must be sent are as follows:

     

    Jeffrey S. Eaton, Clerk of Court
    Re: Sullivan v. Saint-Gobain, No. 5:16-cv-125
    United States District Court
    District of Vermont
    US District Court, Room 200
    11 Elmwood Avenue
    Burlington, VT 05401

    Class Counsel:
    Barr Sternberg, PC
    Attn: Didi Gingue
    507 Main St.
    Bennington, VT  05201

     

    Saint-Gobain’s Counsel:
    Dechert LLP
    Attn: Rachel Passaretti-Wu
    Three Bryant Park
    1095 Avenue of the Americas
    New York, NY 10036

     

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  20. May I come to Court to speak about my objection?

    Yes. You or your attorney may request to speak about your objection at the Final Approval Hearing. To do so, you must include a statement in your objection indicating that you or your attorney intend to appear at the Final Approval Hearing.

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  21. What is the difference between objecting to the Settlement and asking to be excluded from it?

    Objecting is simply telling the Court that you don’t like something about the Settlement. You can object to something about the Property Class Settlement only if you remain in the Property Class (that is, do not exclude yourself or opt out). Excluding yourself is telling the Court that you don’t want to be part of the Settlement. If you exclude yourself from the Property Class, you cannot object, because the Settlement of the Property Class no longer affects you.

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  22. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing on April 18, 2022, at the U.S. District Court, 151 West Street, Main Courtroom in Rutland, Vermont. At this hearing, the Court will consider whether the Settlement is fair, reasonable, and adequate. It will also consider whether to approve Class Counsel’s request for attorneys’ fees and expenses, as well as the Representative Plaintiffs’ service awards. If there are objections, the Court will consider them. The Court may listen to people who have asked to speak at the hearing (see Question 19 above). After the hearing, the Court will decide whether to approve the Settlement.

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  23. Do I have to come to the hearing?

    No. Class Counsel will answer any questions the Court may have. However, you are welcome to come to the hearing at your own expense. If you send an objection, you do not have to come to court to talk about it. If you mailed your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not required.

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  24. What happens if I do nothing at all?

    If you are a Property Class Member or an Exposure Class Member and you do nothing, you will not receive a payment from the Property Settlement or be eligible to participate in the Medical Monitoring Program.  In addition, you will give up the rights explained in Question 14, including your right to start a lawsuit or be part of any other lawsuit against Saint-Gobain about the legal issues resolved by this Settlement.

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  25. How do I get more information?

    The Notice summarizes the proposed Settlement. Complete details are provided in the Class Settlement Agreement. The Settlement Agreement and other documents are available on this website. Additional information is also available by calling 866-726-3778 or by writing to Sullivan v. Saint-Gobain Performance Plastics Corporation Settlement Administrator, PO Box 43434, Providence, RI  02940-3434. Publicly filed documents can also be obtained by visiting the Office of the Clerk of the United States District Court for the District of Vermont or reviewing the Court’s online docket.

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