East Bridgewater Joins PFAS Lawsuit, Seeks Compensation for Water Contamination
Town qualifies as phase one member in class-action against 3M and DuPont
EAST BRIDGEWATER, MA - July 25 - East Bridgewater is joining a class-action lawsuit against manufacturers 3M and DuPont for PFAS contamination in public water systems. The Select Board made the decision during its July 25 meeting, after discussing the potential benefits and implications of the litigation.
The town qualifies as a phase one class member, having tested for and found measurable levels of PFAS in its water supply before June 30, 2023. This classification potentially entitles East Bridgewater to a share of the multi-billion dollar settlement over the next seven to 12 years.
Town counsel explained the lawsuit details to the Select Board. "This law firm is one of about five big firms that are representing clients throughout the United States regarding PFAS litigation," he said. "Recently, the court approved two settlements. One is with the manufacturer 3M, and that settlement is for between $10.5 and $12.5 billion. The court also approved a $1.185 billion settlement with DuPont for the same PFAS contamination of public water systems."
The settlements are divided into two classes: phase one and phase two. East Bridgewater falls into the phase one category, which includes public water sources that tested and found any measurable level of PFAS before the June 30 deadline.
"I don't believe they were extremely high levels, but they were measurable levels, which would mean that the town would be in this phase one of this settlement," Counsel noted.
The decision to join the lawsuit comes with urgency, as phase one members must submit their claims by the end of the following day. The town's Department of Public Works has expressed interest in pursuing the lawsuit.
By joining the class action, East Bridgewater gives up its right to sue 3M or DuPont separately for PFAS water contamination in the future. However, officials believe the potential benefits outweigh this limitation.
"I definitely think it's something we should move forward with," said one board member. "If the town's entitled to it, if we have PFAS in our system, then yeah, I think we should move forward with it."
The exact amount the town will receive is yet to be determined. A claims administrator will review the town's water records and PFAS levels to calculate the payout. The settlement money will be distributed over a period of approximately seven to 12 years.
The law firm representing the town will receive up to 25% of the settlement or a court-approved sum, whichever is less. Town Counsel mentioned that in the 3M settlement, attorney fees were reduced to 16% by the court.
While the total settlement amount is substantial, it will be divided among all participating municipalities across the United States. Half of the money will go to phase one members like East Bridgewater, with the other half allocated to phase two members.
The Select Board voted unanimously to enter the agreement with the law firm and join the PFAS cost recovery program. They also authorized the town administrator to sign the necessary documents.