Frequently Asked Questions
- What is this lawsuit about?
- Why is this a class action?
- How Do I know I am part of the Settlement?
- What does the Settlement provide?
- What is the Medical Monitoring Program?
- How do I receive a payment from the Settlement and participate in the Medical Monitoring Program?
- What are the Released Claims if I stay in the Settlement?
- How do I exclude myself from the Settlement?
- How do I object to the Settlement?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- When and where will the Court decide whether to approve the Settlement?
- What happens if I do nothing at all?
- How do I get more information?
- How can I contact the court-appointed lawyers for assistance?
- Can I be a member of more than one class?
- How were the amounts that are being allocated to each Settlement Class determined?
- If I am eligible for one of the Property Settlement Classes, how much will I receive and how will that amount be determined?
- Why was this method used to apportion the payments for loss of property value?
- How was it determined that the PFOA contamination caused devaluation of Eligible Properties in the Village of Hoosick Falls and Town of Hoosick?
- Why are only owners of properties with contaminated private wells and renters of those properties eligible to participate in the Nuisance Settlement Class and not property owners and renters of homes that obtained water from the Village Municipal Water System?
- Why are owners and renters who resided at a property with a contaminated private well eligible to participate in the Nuisance Settlement Class but not owners who resided elsewhere?
- If I am an eligible Nuisance Settlement Class Member, how much compensation will I receive?
- What are the benefits of participating in the Medical Monitoring Settlement Class?
- Do I need to have my blood tested for PFOA to participate in the medical monitoring program?
- If my blood was tested by the Department of Health, but I no longer have a copy of the results, how do I obtain my blood test result?
- How can I obtain a PFOA blood test if I never received one?
- How long will the Medical Monitoring Program last?
- In addition to receiving testing provided by the Medical Monitoring Program, will I receive any monetary compensation by participating in the Medical Monitoring Program?
- If I receive a share of the excess funding after ten years of the Medical Monitoring Program, do I need to spend that money on continuing medical testing?
- Will my doctor be able to administer the medical monitoring tests or will I need to go to some other doctor?
- What if I was exposed to PFOA in Hoosick Falls and I now live somewhere else too far away to go to a Program Physician in the area?
- If I show signs or symptoms of a PFOA-related disease during the Medical Monitoring Program, will I be treated by a Program Physician?
- If I develop a disease believed to be related to PFOA exposure in the future, am I giving up my rights to sue the Settling Defendants in the future for causing that disease?
- If two or more people co-own a property, should each person file their own claim form?
- If a person owned property in December 2015 but is now deceased, should their estate file a claim for property damage?
- If I have children who qualify for the medical monitoring class, must each of my children file a separate claim form?
- How do I obtain additional claim forms?
- Why was the settlement reached with only three of four defendants?
- What will happen with my claims against DuPont if I participate in the settlement?
- When can I expect to receive compensation if I am eligible to participate in the Property Settlement Class or the Nuisance Settlement Class, and when will the Medical Monitoring Program begin?
- Will my compensation as a Property Settlement Class Member or Nuisance Settlement Class Member be reduced for attorneys’ fees or expenses?
- What is this lawsuit about?
Plaintiffs claim that Saint-Gobain and Honeywell contaminated the aquifer beneath Hoosick Falls with perfluorooctanoic acid, commonly referred to as PFOA, by releasing PFOA into the environment. As a result, people living in and around Hoosick Falls unknowingly consumed drinking water with unsafe levels of PFOA and have concentrations of PFOA in their blood that is much higher than average. In addition, the presence of PFOA has negatively impacted individuals’ ability to use and enjoy their properties, caused Hoosick Falls residents to fear the safety of their water supply, and negatively impacted property values. Plaintiffs further allege that 3M sold PFOA and/or PFOA-containing products to Saint-Gobain and Honeywell but failed to warn those companies of the dangers associated with PFOA and PFOA-containing products.
The Settling Defendants deny all of the claims made in the Action, as well as all charges of wrongdoing or liability against them.
PFOA is a man-made chemical used to manufacture products that are resistant to sticking, heat, water, stains, and grease.
Top - Why is this a class action?
In a class action, one or more people called representative Plaintiffs (in this case, Michele Baker, Charles Carr, Angela Corbett, Pamela Forrest, Michael Hickey (individually and as parent and natural guardian of O.H., infant), Kathleen Main-Lingener, Kristin Miller (also known as Kristin Harrington) (as parent and natural guardian of K.M., infant), Jennifer Plouffe, Silvia Potter (individually and as parent and natural guardian of C.P., infant), and Daniel Schuttig) sue on behalf of people who have similar claims. Together, all these people are called a Class or Class Members. One Court resolves the issues for all Class Members, except for those who exclude themselves from the Settlement Class.
Top - How Do I know I am part of the Settlement?
You are part of the Settlement as a Settlement Class Member if you fit within one or more of the following four Class definitions.
- Medical Monitoring Settlement Class: all individuals who, for a period of at least six months between 1996 and 2016, have (a) ingested water supplied by the Village Municipal Water System or from a private well in the Village of Hoosick Falls or Town of Hoosick in which PFOA has been detected, and (b) underwent blood serum tests that detected a PFOA level in their blood above 1.86 µg/L; or any natural child (i) who was born to a female who meets and/or met the above criteria at the time of the child’s birth and (ii) whose blood serum was tested after birth and detected a PFOA level above 1.86 µg/L.
- Municipal Water Property Settlement Class: all Persons who are or were owners of Residential Property that was supplied with drinking water from the Village Municipal Water System, and who purchased that property on or before December 16, 2015 and owned that property as of December 16, 2015. This group, together with the Private Well Water Property Settlement Class, is also referred to as the “Property Settlement Class”.
- Nuisance Settlement Class: all Persons who are or were owners or renters of Residential Property located in the Village of Hoosick Falls or the Town of Hoosick that was supplied with drinking water from a privately owned well in which PFOA was detected, had a point-of-entry treatment (POET) system installed to filter water from that well, and who either (i) owned and occupied that property at the time PFOA in the property’s private well was discovered through a water test on or after December 16, 2015; or (ii) rented and occupied the property at the time PFOA in the property’s private well was discovered through a water test on or after December 16, 2015.
- Private Well Water Property Settlement Class: all Persons who are or were owners of Residential Property located in the Village of Hoosick Falls or the Town of Hoosick that was supplied with drinking water from a private well in which PFOA was detected, and who owned that property at the time PFOA in the property’s private well was discovered through a water test on or after December 16, 2015. This group, together with the Municipal Water Property Settlement Class, is also referred to as the Property Settlement Class.
The Settlement does not include (i) anyone who timely and validly requests to be excluded from the Settlement (ii) anyone who previously filed a claim against any Settling Defendant alleging a PFOA-related injury or illness, including a spousal derivative claim, or seeking medical monitoring or property damages, related to the presence of PFOA in the Village Municipal Water System, in private wells in the Village or Town, on or at their property, or in their blood, in a lawsuit that has not been dismissed or does not have a request to dismiss pursuant to Fed. R. Civ. P. 41(a)(2) pending as of 30 days prior to the Final Approval Hearing, (iii) the Settling Defendants, any entity or division in which the Settling Defendants have a controlling interest, their legal representatives in this Action, and their officers, directors, assigns and successors, (iv) the judge to whom this Action is assigned, any member of the judge’s immediate family and the judge’s staff, or any other judicial officer or judicial staff member assigned to this case, (v) Class Counsel, including their partners, members, and shareholders, and any immediate family members, (vi) any State, the United States, or any of its agencies, and (vii) the Village of Hoosick Falls and the Town of Hoosick.
Top - What does the Settlement provide?
The Defendants have agreed to create a $65,250,000 Settlement Fund. After deducting attorneys’ fees and costs, the class representatives’ service awards, and the costs of notice and administration, the balance of the fund will be allocated among the Property Settlement Class ($20,700,000) and Nuisance Settlement Class ($7,761,683), and the Medical Monitoring Program ($22,800,000).
To calculate the amount due to each Property Settlement Class Member, the full market values of all Eligible Properties as determined by the 2015 County Assessment Roll will be totaled and used as the denominator of a fraction. The full market value of the Settlement Class Member’s Eligible Property will be the numerator of this fraction. The fraction will be multiplied by $20,700,000 to determine the amount due to the Property Settlement Class Member or Members who owned the Eligible Property as of December 15, 2016.
Payment = (Market value of Settlement Class Member’s Eligible Property multiplied by $20,700,000), then divided by Total market value all Eligible Properties
An Eligible Property is a Residential Property that either (1) one or more Municipal Water Property Settlement Class Members demonstrates that he/she owned as of December 16, 2015, and obtained its drinking water from the Village Municipal Water System, or (2) one or more Private Well Property Settlement Class Members demonstrates that he/she owned as of December 16, 2015, that is located in the Village of Hoosick Falls or Town of Hoosick, and obtained its drinking water from a private well with detectable levels of PFOA discovered through a water test on or after December 16, 2015.
Nuisance payment amounts will be calculated by dividing the total number of valid Nuisance claims from Settlement Class Members by the Settlement amount allocated for the Nuisance Settlement Class ($7,761,683). Payments will be distributed evenly among all Settlement Class Members who submit a valid Nuisance claim.
Top - What is the Medical Monitoring Program?
The Medical Monitoring Allocation will be used to pay all expenses related to medical monitoring, including payments to Participating and Non-Participating Physicians, laboratories, and all Medical Monitoring Administration Costs. The Medical Monitoring Program will begin when the Settlement becomes final and will end on the earlier of (a) when the $22,800,000 Medical Monitoring Allocation has been fully used; or (b) when all bills received on or before the ten year anniversary of the date the Settlement becomes final are paid. Complete details about the testing and services protocols covered by the Medical Monitoring Program are attached to the Class Settlement Agreement as Appendix A.
Medical Monitoring Settlement Class Members who complete both the Initial Diagnostic Survey and the Initial Screening Consultation within 12 months of the date the Settlement becomes final will receive a $100 incentive payment. If money remains in the allocation at the end of the Medical Monitoring Program, additional payment may be made to Settlement Class Members who have participated in all services available to them or be paid as a contribution to a not-for-profit organization that focuses on health and well-being of residents in or around the Town of Hoosick.
Top - How do I receive a payment from the Settlement and participate in the Medical Monitoring Program?
To qualify for a Settlement payment, you must complete and submit a Claim Form by January 24, 2022.You may use the Claim Form enclosed with the notice and return it in the pre-paid postage envelope or complete and submit a Claim Form online on this website (the online form will be available on September 7, 2021; please check back then). Claim Forms are also available by calling 1-855-786-0992 or by writing to Baker v. Saint-Gobain Performance Plastics Corporation Settlement Administrator, P.O. Box 43502, Providence, RI 02940-3502.
Top - What are the Released Claims if I stay in the Settlement?
If the Settlement is approved and becomes final, Settlement Class Members will have expressly, intentionally, voluntarily, fully, finally, irrevocably, and forever released, relinquished, waived, compromised, settled, and discharged the Released Parties (Settling Defendants and their current, former, and future direct and indirect parents, subsidiaries, divisions, affiliates, affiliated business entities, joint ventures, successors, predecessors, including Dyneon, LLC, Allied-Signal Inc., AlliedSignal Laminate Systems, Inc., Furon Company, and any entity identified as a predecessor to any Settling Defendant in the Second Amended Complaint or for which the Second Amended Complaint alleges that any Settling Defendant has succeeded to liability on the basis of any legal theory; and all of their current, former, and future agents, employees, officers, directors, partners, shareholders, owners, members, promoters, representatives, distributors, trustees, attorneys, insurers, subrogees, and assigns, individually or in their corporate or personal capacity, and anyone acting on their behalf, including in a representative or derivative capacity) from each and every past, present, and future claim and cause of action, including causes of action and relief created or enacted in the future—whether known or unknown, whether direct or indirect, individual or class, in constitutional, federal, state, local, statutory, civil, or common law or in equity, or on any other law, rule, regulation, ordinance, directive, contract, or the law of any foreign jurisdiction, whether fixed or contingent, known or unknown, liquidated or unliquidated, suspected or unsuspected, asserted or unasserted, matured or unmatured, or for compensatory damages, consequential damages, incidental damages, statutory damages, punitive, special, multiple, treble, or exemplary damages, nominal damages, disgorgement, restitution, indemnity, contribution, penalties, injunctive relief, declaratory relief, attorneys’ fees, court costs, or expenses—that were or could have been asserted in the Action or any other forum, arising out of or related to, either directly or indirectly or in whole or in part: (i) the subject matter of any allegations contained in the Second Amended Complaint, any allegations otherwise asserted in the Action, or the subject matter of any discovery obtained in the Action, (ii) the alleged presence of PFAS (including PFOA) in drinking water or the environment (including, for example, groundwater, surface water, municipal water, private well water, or soil) within the Village of Hoosick Falls or the Town of Hoosick, (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 the Village of Hoosick Falls or the Town of Hoosick, 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 the Village of Hoosick Falls or Town of Hoosick, and/or resulting in any alleged exposure of any Settlement 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 the Village Municipal Water System or any private well, or in the air, groundwater, surface water, municipal water, private well water, or soil in or around the Village of Hoosick Falls or the Town of Hoosick; and/or (vi) based on PFAS (including PFOA) in the blood or tissue of any Settlement Class Member.
The Released Claims do not include any individual claims for any damages (including for screenings, tests, examinations, and/or diagnostic procedures) related to past, present, or future manifested bodily injuries that have resulted in a medically diagnosed condition, or to enforce the terms of this Agreement or the Final Approval Order. “Manifested bodily injuries that have resulted in a medically diagnosed condition” do not include the detection or accumulation of PFAS (including PFOA) in blood or other bodily tissue.
Top - How do I exclude myself from the Settlement?
To exclude yourself from the Settlement, you must send a letter by mail stating (1) you want to be excluded from Baker v. Saint-Gobain Performance Plastics Corporation, No. 1:16-cv-917 (N.D. NY), (2) your full name, current address, and telephone number, (3) facts that prove you are a Settlement Class member, and (4) your signature. You must mail your exclusion request postmarked no later than December 9, 2021 to:
Baker v. Saint-Gobain Performance Plastics Corporation
Settlement Administrator
P.O. Box 43502
Providence, RI 02940-3502
Top - How do I object to the Settlement?
If you are a Settlement Class Member, you can object to the Settlement if you do not like it or a portion of it. You can give reasons why you think the Court should not approve it. The Court will consider your views. Your objection must include: (1) your full name, current address, and telephone number; (2) a statement of facts that indicate you are a Settlement Class Member; (3) a statement of your objections and the reasons for them; (4) copies of any papers and evidence you intend to submit to support your objection; (5) a statement indicating whether you plan appear at the Final Approval Hearing; (6) a statement indicating that you are willing to be deposed, 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 in which you or your counsel have filed an objection in the past five years, and a copy of all orders related to or ruling upon 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 Class Counsel and Defense Counsel so it is postmarked no later than December 9, 2021. Please read the Settlement Notice for instructions.
You or your attorney may request to speak at the Final Approval Hearing about your objection. 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.
Top - Do I have a lawyer in this case?
Yes. The Court appointed Stephen G. Schwarz and Hadley L. Matarazzo of Faraci Lange, LLP, James J. Bilsborrow of Seeger Weiss LLP, and Robin L. Greenwald of Weitz & Luxenberg, P.C. as “Class Counsel” to represent you and other Settlement Class Members. 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.
Top - How will the lawyers be paid?
Class Counsel will ask the Court for an award of attorneys’ fees of up to 19% of the Settlement Fund (up to $12,397,500), plus reimbursement of reasonable litigation costs. They will also ask the Court to approve $25,000 service awards to be paid to each of the class representative Plaintiffs (a total payment of $250,000). The Court may award less than these amounts. If approved, these fees, costs, and awards will be paid from the Settlement Fund before making payments and the Medical Monitoring Program available to Settlement Class Members.
Top - When and where will the Court decide whether to approve the Settlement?
The Court will hold a Final Approval Hearing at 11:00 a.m. on February 2, 2022 at the United States District Court for the Northern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl St, New York, New York 10007. 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 an award of attorneys’ fees and costs, as well as the class representative Plaintiffs’ service awards. If there are objections, the Court will consider them. Judge Kahn may listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the Settlement.
Top - What happens if I do nothing at all?
If you are Settlement Class Member and you do nothing, you will give up the Released Claims, including your right to start a lawsuit, continue with a lawsuit, or be part of any other lawsuit against the Settling Defendants and the Released Parties about the legal issues resolved by this Settlement. In addition, you will not receive a payment from the Settlement or be eligible to receive Medical Monitoring Program benefits.
Top - How do I get more information?
Complete details are provided in the Class Settlement Agreement. The Settlement Agreement and other documents are available at the Case Documents page. Additional information is also available by writing to Baker v. Saint-Gobain Performance Plastics Corporation Settlement Administrator, P.O. Box 43502, Providence, RI 02940-3502. Publicly-filed documents can also be obtained by visiting the office of the Clerk of the United States District Court for the Northern District of New York or reviewing the Court’s online docket
Top - How can I contact the court-appointed lawyers for assistance?
To contact Weitz & Luxenberg, please dial James Bilsborrow at (212) 558-5856 or email Mr. Bilsborrow at jbilsborrow@weitzlux.com. To contact Steve Schwarz of Faraci Lange, dial (585) 399-6035 or email Mr. Schwarz at sschwarz@faraci.com.
Top - Can I be a member of more than one class?
Yes, you can be a member of multiple classes if you fit the eligibility criteria for each one. Many class members will belong to multiple classes. For example, if you own property that obtained drinking water from a private well, and you lived in that property when the well tested positive for PFOA, you will likely be a member of both the Private Well Property Settlement Class and the Nuisance Settlement Class. You may also be a member of the Medical Monitoring Settlement Class if your blood was tested and contained 1.86 ug/L of PFOA or more.
Top - How were the amounts that are being allocated to each Settlement Class determined?
These amounts were negotiated between Class Counsel and the Settling Defendants based upon multiple factors, including the analyses of property sales both before and after the contamination was discovered, prior cases involving similar claims, cost estimates provided by experts for a medical monitoring program, etc. These amounts represent a compromise between the parties and also reflect that one defendant has not settled and further recovery is possible.
Top - If I am eligible for one of the Property Settlement Classes, how much will I receive and how will that amount be determined?
The $20,700,000 allocated to the two Property Settlement Classes will be divided proportionally between all eligible class members. Each Eligible Property’s fair market value, as determined by the 2015 Town of Hoosick Tax Roll, will form the numerator of a fraction. The sum of the fair market value for all Eligible Properties will form the denominator of a fraction. Each property owner’s fraction will then be multiplied by the total fund of $20,700,000 to calculate an amount for each Eligible Property. Class Counsel estimates that total payments to each Eligible Property will be approximately 9-10% of the 2015 fair market value, but this is only an approximation. The actual percentages will be determined by the number of claims that are filed.
Top - Why was this method used to apportion the payments for loss of property value?
Using the fair market value as determined by the 2015 Town of Hoosick Tax Roll was consistent and treats every Eligible Property fairly. The 2015 tax year was used because it was the last assessment before PFOA contamination became widely known in December 2015. Once the PFOA contamination became widely known, Class Counsel argues that it likely had negative impacts on market perceptions.
Top - How was it determined that the PFOA contamination caused devaluation of Eligible Properties in the Village of Hoosick Falls and Town of Hoosick?
Class Counsel retained experts to analyze data on property sales in the Town of Hoosick and the Village of Hoosick Falls and compared these sales over the years both before and after the contamination was discovered to sales of properties in five nearby towns that were not affected by PFOA contamination.
Top - Why are only owners of properties with contaminated private wells and renters of those properties eligible to participate in the Nuisance Settlement Class and not property owners and renters of homes that obtained water from the Village Municipal Water System?
Early in the case, the Court ruled that New York law did not permit public water users to bring a nuisance claim but limited such claims to owners or renters of properties with private wells.
Top - Why are owners and renters who resided at a property with a contaminated private well eligible to participate in the Nuisance Settlement Class but not owners who resided elsewhere?
New York law recognizes a claim for nuisance damages for those who have suffered a loss of enjoyment of their property due to a nuisance created by another. In order to suffer a loss of enjoyment, you must have resided at the property when the nuisance was discovered and the consequences of that nuisance were suffered—i.e., loss of use of potable drinking water.
Top - If I am an eligible Nuisance Settlement Class Member, how much compensation will I receive?
The Nuisance Settlement Class has been allocated $7,761,683. This amount will be divided equally between all eligible class members who file valid claims. It is estimated that this will amount to approximately $10,000 per eligible class member. This amount could be higher or lower depending on the number of eligible class members who file valid claims.
Top - What are the benefits of participating in the Medical Monitoring Settlement Class?
The Medical Monitoring Program will provide cost-free annual testing and examinations for signs and symptoms of the following conditions that Class Counsel alleges are associated with PFOA exposure:
- Kidney cancer
- Testicular cancer
- Thyroid disease
- Ulcerative colitis
- Increased uric acid levels
- Increased cholesterol levels
- Abnormal liver function
- Hypertension disorders of pregnancy
The program will also test PFOA blood levels over time.
Top - Do I need to have my blood tested for PFOA to participate in the medical monitoring program?
Yes, to be eligible for the medical monitoring program, you must have had your blood tested for PFOA at some point and received a result showing that your blood contained 1.86 ug/L (parts per billion) of PFOA. This test could have been administered at any point, though most class members are likely to have had their blood tested by the New York Department of Health in 2016 or later.
Top - If my blood was tested by the Department of Health, but I no longer have a copy of the results, how do I obtain my blood test result?
If you previously had your blood tested by the New York State Department of Health, you can obtain your blood test results by contacting (518) 402-7950. You will be required to provide your full name, address, date of birth and phone number. If there is no answer, be sure to leave a message on the voicemail system for a return call. The request is processed directly by the DOH.
You can also request your blood test results via email. Send an email to beoe@health.ny.gov and include your name, address, date of birth and phone number.
Once the request is processed, the records will be mailed out by the bureau.
Top - How can I obtain a PFOA blood test if I never received one?
If you are a current or past resident who wishes to have your blood tested, contact (518) 402-7950 and request a “test order” for PFOA in your blood. You will be required to provide your full name, address, date of birth and phone number. Once processed, the order will be mailed to the address you provide.
You can also request a test order via email. Send an email to beoe@health.ny.gov and include your name, address, date of birth and phone number.
You will have two options to choose from to have your blood tested: Twin Rivers Medical Group in Hoosick Falls or Southern Vermont Medical Center in Bennington, VT.
You can then request a copy of the results be mailed to you.
Top - How long will the Medical Monitoring Program last?
The proposed program will last for approximately ten years based upon an estimate of 2,000 eligible participants, or until the $22,800,000 allocated to this program is fully depleted.
Top - In addition to receiving testing provided by the Medical Monitoring Program, will I receive any monetary compensation by participating in the Medical Monitoring Program?
You will receive a payment of $100 to complete the initial survey necessary to participate in the Medical Monitoring Program. If there is funding left over at the end of the ten year program, this money will be distributed pro rata to the participants in the program based upon their level of participation. For example, someone who participated in all ten years will receive a full pro rata share, while someone who participated for five of the ten years will receive one-half of a pro rata share.
Top - If I receive a share of the excess funding after ten years of the Medical Monitoring Program, do I need to spend that money on continuing medical testing?
No, you have the option of using this money to pay for continued testing, but this is not required and you are free to spend the money how you wish.
Top - Will my doctor be able to administer the medical monitoring tests or will I need to go to some other doctor?
The program will select a number of Program Physicians in the local area and train them to participate in the Medical Monitoring Program. To obtain the program testing, you will need to visit one of these physicians.
Top - What if I was exposed to PFOA in Hoosick Falls and I now live somewhere else too far away to go to a Program Physician in the area?
The Medical Monitoring Program provides for this contingency and will work with your family physician or another physician in your area so that you can obtain the medical monitoring testing.
Top - If I show signs or symptoms of a PFOA-related disease during the Medical Monitoring Program, will I be treated by a Program Physician?
No, if this occurs, you will be referred to a physician who will provide treatment for the particular disease. The cost of that treatment will not be covered by the Medical Monitoring Program.
Top - If I develop a disease believed to be related to PFOA exposure in the future, am I giving up my rights to sue the Settling Defendants in the future for causing that disease?
Participation in the class action settlement will not require you to give up your rights to sue for a disease diagnosed in the future. You will retain all of your rights to do so.
Top - If two or more people co-own a property, should each person file their own claim form?
Most likely, yes. Each class member may belong to more than one class and so each class member will likely want to file their own claim form, even if they co-own property with a spouse or partner. If co-owners of a property each file a claim, they will share the property daage payment equally.
Top - If a person owned property in December 2015 but is now deceased, should their estate file a claim for property damage?
Yes, but only the legal representative of the estate may file a claim on behalf of the estate. To do so, the legal representative should complete a claim form and indicate that they are the legal estate representative and provide information on the court that appointed them to be legal representative. If no court has formally appointed a legal representative, one will need to be appointed in order to file a claim on behalf of the estate. Class counsel can assist with this process. Please contact Steve Schwarz for assistance. Mr. Schwarz’s information is set forth above in question 15.
Top - If I have children who qualify for the medical monitoring class, must each of my children file a separate claim form?
Yes, the parent or legal guardian for each child must file a claim form on each child’s behalf. In other words, if you have three children and all received blood tests showing PFOA was in their blood at or above 1.86 ug/L, you may file three separate claim forms (one for each child), as well as a claim form for yourself (if you are also eligible).
Top - How do I obtain additional claim forms?
To obtain additional claim forms, please contact the Claims Administrator at 1-855-786-0992 or via email at info@HoosickFallsPFOASettlement.com. You may also contact the offices of class counsel and they will assist you.
Top - Why was the settlement reached with only three of four defendants?
Defendants Saint-Gobain Performance Plastics Corp., Honeywell International Inc., and 3M Company chose to resolve their potential liability in the class action proceeding. The fourth defendant, E.I. DuPont de Nemours & Co., chose not to participate and wishes to continue the litigation. Settlements are entirely voluntary and if a defendant does not wish to settle, the only alternative is to continue toward a trial.
Top - What will happen with my claims against DuPont if I participate in the settlement?
Class Counsel will continue to pursue all claims against DuPont. Therefore, further compensation is possible for owners of property in the Village of Hoosick Falls and the Town of Hoosick, and additional funding may be obtained for the Medical Monitoring Program.
Top - When can I expect to receive compensation if I am eligible to participate in the Property Settlement Class or the Nuisance Settlement Class, and when will the Medical Monitoring Program begin?
The Court will conduct a Final Approval Hearing on February 2, 2022 to determine whether it will approve the proposed settlement. If the Court issues an order approving the settlement at that time, and there are no appeals of the Court’s order, the Claims Administrator will begin to process payments and the Medical Monitoring Program will begin.
Top - Will my compensation as a Property Settlement Class Member or Nuisance Settlement Class Member be reduced for attorneys’ fees or expenses?
The amount of money allocated to the Property Settlement Classes and Nuisance Settlement Class will not be further reduced for allocations of attorneys’ fees.
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