Mid Hudson Times , Wednesday , June 20 , 2018 3
Law firm urges Newburgh residents to join PFOS suit
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compensation for medical monitoring and property damage caused by the contamination of the City of Newburgh drinking watershed and its reservoir at Washington Lake . Harper suggested residents take additional forms to give to family members .
“ PFOS and PFOA ( perfluorooctanoic acid ) that originated and was released from the Stewart Air National Guard Base and the Stewart International Airport have contaminated Lake Washington and its tributaries relied upon by the City of Newburgh ,” a complaint filed in August reads .
“ PFOS has been detected in levels exceeding the current EPA health advisory level of 70 parts per trillion ( ppt ) in Lake Washington , as well as groundwater samples collected from existing wells from the Stewart International Airport and Stewart Air National Guard Base . As a result of the PFOS and PFOA contamination of the City of Newburgh ’ s drinking water supply , over 30,000 residents were unknowingly poisoned over many years .”
“ They knew about the contamination in 2013 ,” said Harper , referring to the city . “ They continued to provide contaminated water , bad water .”
The City of Newburgh switched to the Catskill Aqueduct as a new source of drinking water in the summer of 2016 . The city was under fire , at the time , for not alerting the public to the presence of elevated levels of PFOS in the drinking water , first seen in test samples in 2013 . City officials explained the chemical had , at no time , exceeded the lifetime health advisory level set by the EPA .
The EPA lowered the lifetime advisory level for PFOS and PFOA from 200 parts per trillion to 70 parts per trillion in May , 2016 , very shortly after the water crisis was announced .
The class-action lawsuit seeks compensation in two areas ; for property damage and medical monitoring for exposure to PFOS and other potentiallydangerous chemicals in the water , said attorney Patrick Lanciotti .
“ They bind to your blood ,” said attorney Louise Caro , citing research showing a link between exposure to elevated levels of perfluorinated chemicals ( PFCs ) and testicular cancer , ulcerative colitis , thyroid problems , high cholesterol and immune system dysfunction , among other health issues . “ Pregnant women drinking the water have a much higher rate of preeclampsia ,” Caro noted .
“ Clean water is a right and a privilege ,” said Hill Harper .
Compensation for medical monitoring would pay for testing and health monitoring in plaintiffs exposed to the chemical , Caro said . “ You shouldn ’ t have to pay for tests ,” Caro told the audience . She later said that plaintiffs would also be evaluated for possible personal injury claims . “ You want to be monitored over
Tamsin Hollo asked attorneys from Napoli , Shkolnik PLLC why they weren ’ t suing the Air National Guard . time ,” said Harper . “ If something comes up , we want a track record .”
Audience members asked questions , including whether suing the city might drive up the cost of their taxes . “ You have to name them to get ( insurance ) money ,” Caro said . “ The insurance company that insures Newburgh is going to get a call .”
“ Why are you not suing the Air National Guard , if they are the source of the contamination ?” asked Tamsin Hollo . Because environmental cases are “ complex ,” answered Caro , and cases tend to drag on for years once a military agency is named in a lawsuit . She later explained that the Federal Tort Claims Act and other federal laws “ conflict with medical-monitoring claims .”
Not naming the military agency allows military personnel who may have been exposed to the chemicals to join the lawsuit , Caro said . She then pointed a finger squarely at 3M , which was the leading American manufacturer of PFOS and PFOA . “ Manufacturers lied ,” she said . “ They did not tell the ( military ) it was not biodegradable , that it doesn ’ t breakdown in the environment … 3M has known about this stuff since the 50s .”
There is no cost to join the lawsuit , Harper said . “ We work on contingency fees ,” he said . “ If we ’ re not successful , then there is no cost at all .” If successful , however , the attorneys will take 33-anda-third percent of the gross settlement , Lanciotti said . Attorneys will also be compensated for any fees and filing expenses stemming from the lawsuit , he said .
Harper described Napoli Shkolnik PLLC as a large firm with enough “ resources ” to tackle a case of this magnitude . The firm has experience litigating very similar cases of public , drinking-water contamination in Hoosick Falls , Westhampton and states such as Colorado , Caro added . The firm also represented more than 10,000 people injured on 9 / 11 , she said .
Whether or not they join the lawsuit , Harper urged residents to take a free blood test offered by the state Department of Health to measure blood levels of PFOS and other PFCs .
Newburgh area residents who would like to have their blood tested may contact the Department of Health at 518-402-7950 .
Editor ’ s Note : Mid Hudson Times Publisher Carl Aiello is among the plaintiffs in a class-action suit filed on behalf of residents exposed to the chemical PFOS .