Class Eligibility

There are three specific subclasses:

Residential: If you lived in a house, condo, or apartment that received tap water from West Virginia American’s Kanawha Valley Water Treatment Plant on January 9, 2014 your Household is eligible to make a claim for a Residential Household payment. Renters are eligible too even if you didn’t pay your own water bill.

Business Businesses and non-profits entities that were being served tap water by West Virginia American’s Kanawha Valley Water Treatment Plant on January 9, 2014 are eligible to make a claim for a Business payment using one of the two types of Claim Forms.

Wage Earner: If you were employed by a business that was Shut Down or Partially Shut Down due to the Freedom Chemical Spill and you were paid on an hourly basis, then you are eligible to make a claim for lost hourly wages during the shut down using the Wage Earner Individual Review Claim Form. To be eligible for a payment, you must provide certain documents that show your wage loss.

Estimated Amount

Varies

The parties have estimated the likely amount that certain class members will receive if they choose to ask for a Simple Claim payment at $550 for the household customer claim and $180 for each additional resident. However, the exact amount that any Class Member can receive through the Settlement depends on the specific nature of the claim that is made and on the total amount of the claims received by the Settlement Administrator. Pregnant class members will receive additional compensation, so will class members that submit evidence of injury inclusive of death. As for business it is expected that settlements will range from $40,000 to $64,000 for hotels

Proof of Purchase

Yes

Case Name

Crystal Good v. West Virginia-American Water Company,
Case No. 2:14-cv-01374,
District Court for the Southern District of West Virginia

Case Summary

On January 9, 2014, a chemical leak into the Elk River at the Freedom Industries tank farm near Charleston caused over two hundred thousand residential and business water users served by West Virginia American Water American Water to be without tap water other than for toilet flushing and fire protection (the “Incident”). Freedom Industries purchased the chemical, Crude MCHM, from Eastman. The class action lawsuit claims that American Water and Eastman could have prevented or avoided the event with better precautionary measures, compliance with applicable regulations and the use of reasonable care.

Portions of nine counties (Boone, Cabell (Salt Rock/Culloden area), Clay, Jackson, Kanawha, Lincoln, Logan, Putnam and Roane) in West Virginia—where more than 224,000 residents and 7,300 businesses were located—were affected by the water contamination.

American Water and Eastman strongly dispute the claims in the class action lawsuit and deny any fault or liability for the chemical leak or contamination of the drinking water.

Settlement Pool

$151,000,000

Deadline

02/21/18

Contact


WV Water Settlement Administrator
P.O. Box 4227
Charleston, WV 25364
1-855-829-8121

31 responses to “West Virginia Water Contamination Class Action Settlement”

  1. Samantha belcher says:

    I was pregnant at the time of the water crisis, we could not use tap water. We had to boil our water to clean it and use it to cook, clean and shower with. We had to live like that for a good month.

  2. Kathleen Corbett says:

    When will residents receive their claims checks?

    ADMIN – Hi Kathleen,

    Payments usually take place after deadline and all appeals have passed.

  3. Brenda Elkins says:

    what if person died who paid water bill yet relative still lives there and left it in the deceased’s name?

    ADMIN – Hi Brenda,

    Did the person died as a result of contamination? Were the relatives living there at the time of the contamination? To qualify for this settlement the key is to have had direct damages due to the contamination and not necessarily to be the person that paid the bill.

    • Brenda Elkins says:

      A relative who lived in the house at time of contamination with his Mom who paid bill but who passed away from other causes not long after can so can son claim the $550 and $180 and now get the whole amount since he simply started paying the bill and did live there when he could not use the water and was caused “damage” and inconvenience”

      ADMIN – Hi Brenda,

      I think you are wondering if you can claim on behalf of the estate of a deceased person. Generally you should be able to do it if you are the natural heir. For additional clarification please contact the class action administrator.
      .

  4. Pamula Quinn says:

    When are payouts expected to be mailed to customers?

    ADMIN – Hi Pamela,

    Most settlements are paid out after the deadline has passed and all appeals have cleared

  5. Jashad Releford says:

    What will the total amount be per person I took 151 million divided by 64,000 and got 2643.00 per person

    ADMIN – Hi Jashad,

    Take away administration fees, attorney fees and other expenses and then remove all the people that failed to claim and take into account that some people actually have receipts or damages like death, there is also those that will take the simple claim and just get $500 or so.

  6. Kristin says:

    I received my confirmation claim I’d by email, and didn’t get much of an answer when I called to check my claim. When is checks expected to be sent out for the ones that claimed the residential simple claim? Also how exactly our we supposed to know for sure if we will be getting a check. How will the checks be sent out?

    ADMIN – Hi Kristin,
    The parties have estimated the likely amount that certain class members will receive if they choose to ask for a Simple Claim payment at $550 for the household customer claim and $180 for each additional resident. However, the exact amount that any Class Member can receive through the Settlement depends on the specific nature of the claim that is made and on the total amount of the claims received by the Settlement Administrator. Pregnant class members will receive additional compensation, so will class members that submit evidence of injury inclusive of death. As for business it is expected that settlements will range from $40,000 to $64,000 for hotels

  7. Lisa Bruer says:

    I filled out my family’s claim form and it was accepted. When should I expect to receive my check
    ADMIN – Hi Lisa,

    Settlements are paid after the deadline has passed, there has been a fairness hearing and all appeals have cleared. On occasion this can take years.

  8. Whitney says:

    I was pregnant during the time and I filed a pregnancy claim form. How will I know if it was accepted?

    ADMIN – Hi Whitney,

    You can reach out to the class action administrator.

  9. Ottilie Smith says:

    Yes I want to know how much we received win. Will happen some people All ready gotten money

    ADMIN – Hi Ottilie,

    Can you try you question again? I am struggling to understand what you are trying to say or ask.

  10. Pamela Tuell says:

    I heard it may be may or June for we receive settlement check is this true. Will checks be mail or do we get emails of when we will receive the check just wondering.. Thanks

    ADMIN – Hi Pamela,

    It would be best if you contact the class action administrator.

    • Pamela Tuell says:

      I was reading some comments it could take years well I hope not alot suffer because of this unclean water and alot could use this claim money.class action administrator probably tell you it be awhile or has no straight answers just wish they would process faster there should not make people wait havnt we all suffer enough and theses water increases are awful ..well I wish everyone the best of luck

  11. Shannon says:

    Some of the replies to the comments is to contact the class action administrator, who is that? I’ve called a few times and no one has any helpful answers.

    ADMIN – Hi Shannon,

    Use the contact us feature on their page.

  12. Stacey says:

    When will checks be mailed out to residents?

    ADMIN – Hi Stacey,

    You can contact the administrator using this form

    https://www.wvwaterclaims.com/contact/

  13. Stephanie says:

    Still no news on a date checks will be mailed out ?

    ADMIN – Hi Stephanie,

    Not at the moment.

  14. carolyn says:

    I filed my claim form that came in the mail, many people say they got an email confirming the claim was received, I never received any thing does this mean my claim was never received? how can I be sure it was received?

    ADMIN – Hi Carolyn,

    You can make sure it was received by reaching out to the class action administrator.

  15. zina bibb says:

    MY HUSBAND AND I FILLED OUT THE SIMPLE FORM BUT OUR LAWYER ALSO RECIEVED PICTURES OF HIS ANKLE AND OF THE SIDE OF HIS FACE AND MOUTH OF BLISTERS HE RECIEVED PLUS FILLED OUT A FORM OF THE HOSPITAL HE WAS TREATED AT HOW WOULD THAT WORK IN THE SETTLEMENT???

    ADMIN – Hi Zina,

    Reach out to the class action administrator to obtain clarification.

  16. DM says:

    So you haven’t received your settlement? Nobody has. It’s a typical let’s take them for a ride concept. Your water rates will not increase because of the settlement. OK, so WV water has ask for another 23% rate increase, this means the water rate has almost triple tripled in the last 10 years. We as the public are suppose to be protected from price gouging. The WV Public Service Commission is pretty much useless to the residents of this state.

    When are we going to be protected. The reason for the increase request is exactly why there asking, but there us other lame excuses. We are upgrading the lines, where? We are already paying higher rates, more than 40% in the last ten years. We are already paying additional fees for service line upgrades. The people of this state has paid for the cost of the lines probably well over 1,000,000 times. We paid and they were suppose to maintain the system. Now we are expected to pay even more for there negligence. One thing WV doesn’t have a shortage of is water. It’s time for the public to take back there services that should have never been sold by the politicians, in the first place.

    Yes I’m angry because they are playing games and it needs to end now.

    ADMIN – Hi DM,

    We are so glad you had an opportunity to vent. It sure sounds frustrating.

  17. Chris says:

    When will the payments come for simple claims?

    ADMIN – Hi Chris,

    Have you reached out to the class action administrator?

    • Bob says:

      When will the checks be sent out they said may then June now saying judge got approved itwas all ready approved so what the delay

      ADMIN – Hi Bob,

      We don’t know. It is best that you contact the class action administrator.

  18. Robin says:

    Why so long? 500$ means nothing to rich folks but the poor are needy and waiting. Meanwhile interest continues to multiply on the the millions waiting. They will still end up ahead.

    Mossy

    ADMIN – HI Robin,

    This is normal for class action settlements. You have to wait until appeals clear.

  19. amanda says:

    any word on when the settlement will be disbursed?

    ADMIN – Hi Amanda,

    You can use this form to ask

    https://www.wvwaterclaims.com/contact/

  20. Shannon Carroll says:

    So since we haven’t received any settlement money can we still sue Freedom Industry for the trouble we dealt with during that time the water was affected? Tired of waiting! This waiting is unfair ,it’s been 4 years +.

    ADMIN – Hi Shannon,

    You can’t. To take action against a company on a particular issue that was litigated under a class action you must have submitted a request for exclusion on a timely manner.

  21. Robin Moss says:

    What is being appealed?

    ADMIN – Hi Robin,

    You can contact the administrator to obtain details on the appeal.

  22. philly says:

    What is the hold up? why hasn’t the judge given final approval. You have the money its ready to be disbursed so why if the judgement was made why can’t they push the final OK. Its ridiculous to have to wait so long just to get a settlement out.

    ADMIN – Hi Philly,

    Contact the class action administrator or class counsel so they can explain the reasons behind the delays.

  23. Debra May says:

    What’s the hold up on our money ,, allot of us also got sick ,,,we also should get money for every day it’s been late plus interest ,,, we the people need answers now plus our money ,,,the rich don’t have no worries ,,we are tired of getting the run around ,,

    ADMIN – Hi Debra,

    Class action settlements can often take years to resolve.

    • Barbara says:

      This whole process has already took several yrs.

      ADMIN – Hi Barbara,

      That is the way the legal system works.

  24. Dorothy Johnson says:

    Since the Judge has given final approval. Since the Appeals have been resolved. How long will it take to disburse the funds?

    ADMIN – Hi Dorothy,

    Most likely a few months

  25. David Ellis says:

    Hello! Have amounts been determined for business claims yet? If so, how can a business find out how much their settlement will be? Thanks so much in advance for your response.

    ADMIN – Hi David,

    I don’t think the amounts have been determined yet.

  26. Regina Vance says:

    Ok, the judge has approved this months ago and it was the final approval so how long will it take to check all of these 80,000+ claim forms for doubles? Shouldn’t the people that only filed for a single household go ahead and get their money since it’s easy to verify just from out bills that we are the sole owner of the dwelling. Why should we have to wait for people that have 6 people, property damage, injuries and loss of wages to get audited? We shouldn’t have to suffer cause of them.

    ADMIN – Hi Regina,

    The legal system is not designed to provide you with special consideration because you are a single filer.

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