Langrock Receives Major Ruling in Bennington PFOA Case
Since 2016, when PFOA was discovered in wells in Bennington and North Bennington, Langrock attorney Emily Joselson has represented residents living in the PFOA-contaminated zone in a lawsuit against Saint-Gobain, the company responsible.
The plaintiffs are seeking their diminished property values; their lost use and enjoyment, and upset, annoyance and inconvenience of living with the contamination; as well as their increased costs of obtaining municipal water. However, those who consumed contaminated water, and have elevated levels of PFOA in their blood, are at greater risk of developing diseases associated with PFOA. They are seeking the remedy of medical monitoring—annual screening tests designed to detect signs of these diseases at the earliest possible time, ensuring earliest referrals and better medical outcomes.
This summer, the Federal Court issued a series of favorable rulings, allowing the case to proceed as a class action on behalf of the approximately 2,000 affected properties, and allowing the plaintiffs’ experts to testify to the cause and origin of the contamination, and the consequences of PFOA to human health.
Most recently the Court ruled that the remedy of medical monitoring is, in fact, available under Vermont law, allowing the Plaintiffs in this case to seek that remedy, as well.
The case is expected to be tried in the Summer of 2020.