CHARLESTON, W.Va. — West Virginia American Water Company customers who decide not to accept the simple claim amount as part of the $151 million settlement in the 2014 water emergency case will have to back up their additional claims with documentation, a plaintiffs’ attorney said Friday.
Charleston attorney Tony Majestro said some residents may have receipts from the purchase of hot water tanks, time spent in hotels during the crisis or for the purchase of bottled water.
“If you have sufficient evidence to show a loss caused by the the (MCHM) spill then that’s a claim you can make to the claims administrator and if he agrees then you get the money,” Majestro said during a Friday appearance on MetroNews “Talkline.”
The $151 million settlement with West Virginia American and Eastman Chemical, the maker of MCHM, was first announced last fall but the specifics of how the money would be distributed were released Thursday night.
Residential households filing a simple claim will get $525 plus $170 for each additional resident; between $6,250 and $40,000 to businesses depending on if and for how long they had to close; and $1,850 for businesses that remained open.
Women who were pregnant at the time of the water emergency would also be eligible for a $1,500 claim.
The lawsuit was filed in the months following the January 2014 spill from the Freedom Industries chemical tank farm just up the Elk River in Charleston from the WVAWC’s Kanawha Valley water plant. The spill contaminated drinking water to 300.000 residents in parts of nine counties. West Virginia American agreed to settle the case but never claimed liability. The plaintiffs stand behind their case, Majestro said.
“We feel the evidence showed there were things they could have done both in preparation for an incident like the spill and how they reacted to the spill when it happened that we think compose liability,” Majestro said.
There remain a few steps before the settlement is final. U.S. District Judge John Copenhaver has to sign off it. He’ll hold a fairness hearing as part of the process. Majestro believes the amount of the settlement and the breakdown of how it will distributed is a fair process.
“A family of four is going to be receiving a check for more than $1,000. We think that’s a real settlement and commensurate with the inconvenience and damages,” Majestro said.
If all is approved, there will be a claims administrator appointed, a claims office opened and public awareness campaign launched telling residents how they can file claims. The money will be distributed once all of the claims are submitted.