If you have lived or owned real property in or around Bennington or North Bennington, Vermont, in the area of PFOA exposure, you could get benefits from a class action settlement.
A settlement has been reached in Sullivan v. Saint-Gobain Performance Plastics Corp., a class action lawsuit filed by residents in the Bennington area alleging contamination of their property and drinking water with a chemical called Perfluorooctanoic Acid ("PFOA"). The U.S. District Court for the District of Vermont will hold a Final Approval Hearing on April 18, 2022, 10:00 am, at the Rutland Federal Courthouse.
The settlement provides:
- Money for property damages to Property Class members, 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.
- Funding for a Court-Supervised Medical Monitoring Program for Exposure Class members, providing free testing and monitoring, which does not duplicate their current primary care, for 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 the first 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 90 days of the Program.
- You may be a member of both the Property Class and the Exposure Class.
A more detailed Class Settlement Notice, the Settlement Agreement, a Claim Form, and an Opt-Out form can be found at www.BenningtonVTClassAction.com, or requested by emailing firstname.lastname@example.org, or by calling 866-726-3778.
Your legal rights are affected regardless of whether you act or don't act. If you are a property owner in the Zone of Concern, you must file a Claim Form to receive money for property damages. Unless you ask to be excluded (opt out) from the Property Class, no later than February 2, 2022, to maintain your right to pursue your own separate lawsuit against Saint-Gobain, you will be bound by the Settlement and Release of Claims, whether you file a Claim Form or not. If you are an Exposure Class member, you must file a Claim Form to participate in the Medical Monitoring Program. If you are an Exposure Class member, there is no opportunity to opt out and you will be bound by the Settlement and Release of Claims whether you file a Claim Form or not. You also have a right to object to the Settlement, no later than February 2, 2022. If you do nothing you will not get a payment or other benefits from this Settlement, and you will give up certain legal rights.