Settlement for Victim of Toxic Mold Exposure
The Toxic Injury Lawyers proudly represented an individual who resided in Central New Jersey, exposed to harmful mold caused by a landlord’s failure to clean gutters and remove sizable amounts of water from a basement. In this case, our client sustained both temporary and permanent injuries resulting in prolonged hospitalization. This case was resolved through a monetary settlement in favor of our client.
When toxic and other molds linger or are not promptly and properly remediated, those who have been exposed to the mold may be adversely affected. In those circumstances, the Toxic Injury Lawyers may be able to help. Our team represents people adversely affected by mold exposure and maintains a tremendous record of success in this and other area of a toxic tort practice. Our goal is always to help ensure that our clients receive immediate relief from ongoing exposure. Meanwhile, our attorneys seek compensation for our clients through the courts.
$1.5 Million in Medical Monitoring for Children Exposed to Mercury
A New Jersey Superior Court judge ruled that defendants in the Kiddie Kollege trial will pay $1.5 million toward neuropsychological medical monitoring for mercury-exposed children at the Franklin Township day care center. After an eleventh-hour Gloucester County settlement, Superior Court Judge James E. Rafferty ruled that Franklin Township and the real estate brokers that acquired the contaminated building and leased it to Kiddie Kollege operators will each bear 35 percent of the liability. The township and the Sulivans — who settled in October with a million dollar payment — will pay more than a half-million dollars into the court-monitored fund.
Gloucester County will pay 20 percent of the $1.5 million — about $300,000 — and the state will pay a 10 percent share, estimated at $150,000. The children who attended Kiddie Kollege and the adults who worked there were part of the class action law suit that went to trial in October. Only the children will be eligible for medical monitoring. The protocol will not include immunological testing.
Before Rafferty makes the judgement, both the Sullivan and county settlements will go through a fairness hearing which has yet to be set.
Toxic Injury Lawyers & NRDC Settle Chromium Case in Jersey City
Under a settlement agreement reached in federal court, PPG Industries has agreed to clean up one of the last remaining chromium contamination sites in New Jersey, according to a national environmental organization that filed a lawsuit to get the clean-up completed.
Under the settlement agreement, PPG has agreed to remove 700,000 tons of chromium waste from Jersey City’s Lafayette neighborhood, and will likely spend an estimated $600 million to complete the remediation, according to the Natural Resources Defense Council (NRDC), one of the plaintiffs in the lawsuit.
PPG, a Pittsburgh-based company, will clear a nearly 17-acre site of hexavalent chromium, a cancer-causing toxin that has plagued the Lafayette area for more than 50 years. The area to be remediated includes a former PPG chromium plant site on Garfield Avenue and the surrounding community, including groundwater. Wherever possible, the cleanup will involve the excavation and removal of chromium wastes, and disposal in offsite hazardous waste landfills. Strict dust control measures will protect residents and workers during the cleanup.
PPG first began investigating the possibility of chromium contamination in 1982, and the New Jersey Department of Environmental Protection (DEP) began enforcement efforts at the PPG complex soon thereafter. In 1990 the company reached an agreement with the DEP to clean up the contaminated areas, but the agreement was never enforced.
In 2009, NRDC – in conjunction with Interfaith Community Organization (ICO), and GRACO Community Organization (GRACO) – filed a lawsuit in federal district court on behalf of Jersey City residents. PPG twice tried unsuccessfully to have the lawsuit dismissed and was refused both times by the court.
“After decades of foot dragging, we now know this cleanup is going to happen, and it’s going to happen right,” said NRDC Senior Attorney Nancy Marks in a release issued Tuesday. “What could have been a Swiss cheese approach to the cleanup is now a comprehensive removal of the contamination – no holes to be found. This Jersey City community should never have been stuck living on top of someone else’s toxic waste in the first place. They’re finally receiving the justice they deserve and will be soon free from this poisonous legacy.” The settlement ensures the cleanup will reduce chromium levels to 5 parts per million (ppm), which reflects the best available science about the health effects of exposure to the chemical and is much more stringent that the state’s enforceable limit of 20 ppm.
PPG will also test residential properties near the Garfield Avenue site upon request and clean up any contaminated properties to the 5ppm level. Since this agreement was reached in federal court, it also includes binding deadlines that cannot be delayed by the state.
DuPont PFOA Water Contamination Settlement
On August 8, 2011, The Toxic Injury Lawyers succeeded in attaining an $8.2 million settlement for the class members of two class action suits against DuPont for the contamination of their water supply. The cases arose out of exposure to PFOA resulting from DuPont’s release of the chemical into the Delaware River and a nearby landfill by its DuPont Chamber Works plant. The company’s release of PFOA resulted in the contamination of the water supply, exposing 4,248 homes in Salem County to the chemical.
Judge Renee Bumb of the District of New Jersey upheld the claim of nuisance, due to the potential ill effects of the contamination on the property values of the exposed land, which harmed homeowners’ ability to use and enjoy their property.
Judge Bumb rejected the original settlement put forth by the parties on the basis that the agreement did not provide the class members as a whole with adequate injunctive relief, as required by Federal Rules of Civil Procedure 23(b)(2). Judge Bumb found that the majority of the settlement money would have been distributed to outside organizations and not the homeowners.
A revised settlement was agreed upon by the parties and was subsequently approved by Judge Bumb. The class members are happy with the outcome of the settlement, which gave them a choice between collecting $800 and receiving an in-home water filtration system, replacement cartridges, and $200 for the installation of the system. This outcome gave the class members the ability to protect themselves from the potential harm resulting from DuPont’s actions.
