The Federal Judge overseeing the Aqueous Film Forming Foams (“AFFF”) litigation has granted preliminary approval of yet another settlement concerning water contamination. Tyco Fire Products (“Tyco”) and Chemguard, Inc. have agreed to pay $750 million to resolve claims of public water systems for claims that their chemicals contaminated drinking water. Class members are public water suppliers with PFAS detections as of May 15, 2024. The Tyco Public Water Company class settlement follows last summer’s landmark settlements with other defendants in the AFFF litigation.
Understanding the Tyco Settlement
The Tyco settlement addresses claims from public water systems who allege that Tyco other defendants contaminated public water supplies with per- and polyfluoroalkyl substances (“PFAS”) through the use of AFFF. These chemicals are known for their persistence in the environment and potential health risks. Unfortunately, they have been linked to numerous adverse effects, including cancer and immune system disruption.
What Preliminary Approval Means
The preliminary approval by the court is an essential phase in the settlement process. Importantly, it indicates that the proposed settlement has met initial scrutiny and will proceed to the next stages. This approval allows for notification to class members, providing them with information on their rights and options regarding the settlement.
Next Steps After Preliminary Approval
The next step involves notifying affected class members. This notification will be disseminated by June 25, 2024. It will include details about the settlement terms, the compensation framework, and instructions on how to file claims. However, class members have until September 2024 to opt out of the settlement.
Fairness Hearing
A final fairness hearing is scheduled on November 1, 2024. During this hearing, the judge will assess whether the settlement is fair, reasonable, and adequate for all class members. Plaintiffs and defendants will have the opportunity to present their arguments, and class members can voice their support or objections.
Final Approval
Lastly, after the court finds the settlement fair and reasonable, it will grant final approval. This step is critical as it officially validates the settlement and allows for the disbursement of compensation to eligible class members. Once final approval is granted, the settlement terms become binding, and the claims process can move forward. Payments are expected in 2025.
Importance of Legal Guidance
Public water companies affected by PFAS contamination should seek legal guidance from experienced attorneys to ensure that class members fully understand their rights and make informed decisions. Legal professionals at Stag Liuzza, LLC can provide valuable assistance in filing claims and addressing any concerns that may arise during the settlement process.
