September 1, 2022

 The General Administrator, KCC, is continuing its review of settlement claims and has been working with claimants who filed claims that were deficient. Our goal is to ensure that all eligible claims are filed correctly. As such, this process has taken a bit more time than we anticipated back in June. The General Administrator is close to concluding its review and we believe that eligible claimants will begin to receive settlement payments and medical monitoring enrollment information by the end of September. If you filed a claim and the General Administrator determined that your claim appeared to have a deficiency, you should have received either an email or letter notifying you. If you received a deficiency notice and did not respond, please follow the instructions on the notice as soon as possible. If you take no action, it is possible your claim will be determined to be deficient and you will be ineligible for settlement benefits.

 If you have any questions, you may call the General Administrator at 1-888-876-0855 or you may contact court-appointed class counsel, James Bilsborrow at (212) 558-5856 or Stephen Schwarz at (585) 399-6035.

JUNE 30, 2022

The General Administrator, KCC, with the assistance of Class Counsel, are in the process of reviewing all submitted Claim Forms for eligibility.  We expect to complete this process by mid to late July and expect payments to eligible Nuisance Class and Property Damage Class members will be mailed out by late August.

If there is missing information or supporting documentation for your claim, you will be contacted by KCC or Class Counsel to obtain what is missing. 

As we have stated previously, based upon its interpretation of New York law, the Court determined that only people with contaminated private wells are entitled to participate in the Nuisance Settlement Class.  People whose homes are serviced by the Town Water system are, therefore, ineligible to participate in the Nuisance Settlement Class .  If you are a Town Water user who filed for both property damage and nuisance, only your property damage claim will be eligible, so long as you meet the ownership requirement of owning the home when the contamination was discovered in 2016. 

Work is underway establishing the logistics of the Medical Monitoring Program.  The Petersburgh Medical Monitoring Program will operate in conjunction with the Hoosick Falls and North Bennington Programs with the services provided by Southwestern Vermont Medical Center in Bennington.  Eligible Claimants for the Medical Monitoring Program will be receiving information from the Medical Monitoring Program Administrator once the claims have been reviewed and eligibility has been determined.  We expect the Program to be up and running sometime this fall.

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New York State Supreme Court, County of Rensselaer

If you drank water supplied by the Town of Petersburgh Public Water System or from a private well in the Town of Petersburgh, or owned or rented property in the Town of Petersburgh, you could get benefits from a class action settlement.

A state court authorized this Notice. It is not a solicitation from a lawyer.

• A settlement has been reached with Tonoga, Inc. (doing business as Taconic) (“Defendant”) in a class action lawsuit about the effects of perfluorooctanoic acid (PFOA) contamination in the Town of Petersburgh.
• The Settlement includes:
  • Individuals who ingested water at a property that was supplied by the Town Public Water System or from a private well in the Town of Petersburgh in which PFOA has been detected and who underwent blood serum tests that detected a PFOA level in their blood above 1.86 µg/L; or any natural child who was born to a female who meets and/or met the above criteria at the time of the child’s birth and whose blood serum was tested after birth and detected a PFOA level above 1.86 µg/L (“Medical Monitoring Settlement Class Members”);
  • Persons who are or were owners of real property who obtain or obtained their drinking water from the Town Public Water System and who purchased that property on or before February 20, 2016 (“Town Water Property Damage Class Members”);
  • Persons who are or were owners of real property located in the Town of Petersburgh within a seven mile radius of Defendant’s Facility and who obtained their drinking water from a privately owned well contaminated with PFOA and owned that property at or around February 20, 2016 when the contamination was discovered (“Private Well Property Damage Class”); and
  • Persons who are or were owners or renters of  real property located in the Town of Petersburgh within a seven mile radius of the Defendant’s Facility and who obtain or obtained their drinking water from a privately owned well contaminated with PFOA and occupied that property at or around February 20, 2016 when the contamination was discovered (“Private Well Nuisance Class Members”). 

• Your legal rights are affected regardless of whether you act or do not act. Read the Notice carefully.

Your Legal Rights and Options in this Settlement
Submit a Claim Form	This is the only way you can get a payment or other benefits from this Settlement.
Exclude Yourself from the Settlement	Do not get a payment or other Settlement benefits. This is the only option that allows you to be part of any other lawsuit against the Released Parties, including the Defendant, for the legal claims made in this lawsuit and released by the Settlement.
Object to the Settlement	Write to the Court with reasons why you do not agree with the Settlement.
Go to the Final Approval Hearing	You may ask the Court for permission for you or your attorney to speak about your objection at the Final Approval Hearing.
Do Nothing	You will not get a payment or other benefits from this Settlement and you will give up certain legal rights.