Judge Approves $4.9M Settlement Over PFOA-Contaminated Water In Middlesex Co.

EDISON, NJ — A New Jersey Superior Court judge has granted final approval to a $4.9 million class action settlement against Middlesex Water Company and 3M, resolving lawsuits filed by customers who received notices in 2021 that their tap water violated state standards for a cancer-causing chemical.

Superior Court Judge Ana C. Viscomi approved the settlement on Oct. 3, bringing an end to two cases - Vera et al. v. Middlesex Water Company in state court and Lonsk v. Middlesex Water Company and 3M in federal court.

Under settlement terms, eligible claimants can receive up to $2,500 in reimbursement for expenses they incurred as a result of the water quality violations, including costs for doctor consultations, bottled water, and water filtration systems.

The settlement class includes all present or former residents who received the contamination notices from Middlesex Water Company, regardless of where they currently reside. Government entities are excluded.

The lawsuits were a result of notices sent by Middlesex Water Company in 2021, informing customers in Edison, Metuchen, Woodbridge, South Plainfield, Clark, and Carteret that their tap water contained levels of Perfluorooctanoic acid (PFOA) exceeding New Jersey state water standards.

Perfluorooctanoic acid (PFOA) is a member of the group of chemicals called per- and polyfluoroalkyl substances (PFAS), used in the manufacture of non-stick cookware and other products, including other commercial and industrial uses.

While the notices recommended that affected customers consult their doctors and use bottled water or install water filters, the company did not offer to cover these expenses. This prompted customers to file the class action lawsuits.

Three law firms represented the lawsuit - DeNittis Osefchen Prince, P.C. of Marlton, Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins of Voorhees, and Berger Montague, P.C.

"This settlement represents a great recovery for Middlesex Water customers who otherwise would have been forced to bear the expense of paying for consultations with doctors, bottled water, water filters, or similar costs incurred as a result of the water quality violations," said Stephen DeNittis, class co-counsel from the Marlton law firm DeNittis Osefchen Prince, P.C.

The court approved attorneys' fees and costs totaling approximately $1.65 million, representing 33.33 percent of the settlement fund plus expenses.

Eight plaintiffs, including Thomas Vera, Joel Velez, Margaret Kennedy, Donna Zielinski, Michael Zielinski, Marco L. Nead, Renee Williams, and Roberta Lonsk, were each awarded $3,000 incentive payments.

The settlement does not include personal injury claims related to alleged PFAS exposure from consuming the contaminated water. Those claims remain unresolved.

The settlement specifically releases Middlesex Water Company and 3M from claims related to PFAS in the drinking water and the contamination notices, but the companies did not admit any liability, negligence, fault, or wrongdoing as part of the agreement.

More information about the settlement is available at http://www.middlesexwaterpfassettlement.com.

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